T.Naveen Raj (Minor) v. The Director Of Medical

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10370 of 2013 T.Naveen Raj (Minor) Represented by his Father N.Thabendran ... Petitioner Vs.

1.The Director of Medical Education, 162, Periyar EVR High Road Kilpauk, Chennai - 10.

2.The Secretary Selection Committee, 162, Periyar EVR High Road Kilpauk, Chennai - 10.

3.The Tamil Nadu DR. M.G.R. Medical University rep by its Registrar, Guindy, Chennai.

4.The CSI Dental College Through its Secretary, No.129,CMH Compound, Inside Christian Mission Hospital East Veli Street, Madurai H O, Madurai - 625 001.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 to 4 to refund the tuition fees/processing fees for admission into BDS course for the Academic Year of 2012- 2013 for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only ) to the petitioner.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.M.Alagathevan, - For R1 & R2 Special Government Pleader : Mr.C.Karthik - For R3 : Mr.T.Antony Arul Raj - For R4

O R D E R

This writ petition has been filed, seeking to direct the respondents 2 to 4 to refund the tuition fees/processing fees for admission into BDS course for the Academic Year of 2012- 2013 for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the petitioner.

2. Heard the learned counsel appearing on either side.

3. It is the case of the petitioner that his son was allotted BDS Seat for the Self Finance Colleges on 26.07.2012 at Kilpauk Medical College Auditorium through the intimation letter. At the time of admission, the third respondent allotted seat under Self Finance Category. Since the petitioner could not mobilize the funds, his son could not join. Hence, he submitted a representation to the respondents dated 17.09.2012 for refund of Rs.25,000/- which was paid by him, at the time of allotment in Counseling process. Since there was no response on the said representation, he is before this Court.

4. The learned Counsel for the petitioner would submit that it would suffice, if the representation dated 17.09.2012 submitted by the petitioner may be directed to be considered by the second respondent in a time bound manner.

5. Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner dated 17.09.2012 and pass appropriate orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Director of Medical Education, 162, Periyar EVR High Road Kilpauk, Chennai - 10.

2.The Secretary Selection Committee, 162, Periyar EVR High Road Kilpauk, Chennai - 10.

+1cc to M/S.C.KARTHIK, Advocate SR.No.91655. +1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No.91861. W.P(MD)No.10370 of 2013 08.12.2017 rm SDS/GT/SAR 3/29.12.2017/3P/5C