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White Memorial Homeo Medical ... vs Union Of India
2021 Latest Caselaw 422 Mad

Citation : 2021 Latest Caselaw 422 Mad
Judgement Date : 6 January, 2021

Madras High Court
White Memorial Homeo Medical ... vs Union Of India on 6 January, 2021
                                                                 W.A.(MD)Nos.1265 and 1266 of 2020

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 06.01.2021

                                                 CORAM

                             THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                             AND
                              THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                     W.A.(MD)Nos.1265 and 1266 of 2020
                                                   and
                                    C.M.P.(MD)Nos.7220 and 7223 of 2020

                White Memorial Homeo Medical College Hospital,
                Rep. by its Chairman,
                Dr.Leela Bai Rajendran,
                Having Office at
                Veeyanoor Post,
                Attoor,
                Kanyakumar District – 629 177.             ... Appellant in both the W.As.

                                                    Vs.
                1.Union of India,
                  Rep. by its Secretary,
                  Ministry of AYUSH,
                  New Delhi.

                2.The Central Council of Homeopathy Medicine,
                  Rep. by its Secretary,
                  No.61-65, Institutional Area,
                  New Delhi.

                3.The Tamil Nadu Dr.M.G.R. Medical University,
                  Rep. by its Registrar,
                  No.69, Anna Salai,
                  Guindy,
                  Chennai.


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                                                                     W.A.(MD)Nos.1265 and 1266 of 2020

                4.The Commissioner,
                  Selection Committee,
                  Indian System of Medicine and Homeopathy,
                  Anna Hospital,
                  Arumpakkam,
                  Chennai – 106.                          ... Respondents in both the W.As.

                Prayer : Appeals filed under Clause 15 of the Letters Patent Act against the
                order passed by this Court in W.P.(MD)Nos.16252 and 16286 of 2020, dated
                19.11.2020.


                            For Appellant in both the W.As. : Mr.S.C.Herold Singh

                            For R1 and R2 in both the W.As.: Mr.V.Malaiyendran
                                                             Central Government Standing
                                                              Counsel
                                                     *****
                                           COMMON JUDGMENT
                          (Judgment of the Court was delivered by M.M.SUNDRESH, J)

                            The appellant herein filed Writ Petitions seeking Writs of Mandamus,

                directing the respondents to register the names of the Students admitted to the

                first year M.D. Course and B.H.M.S. Degree Course for the year 2019 – 2020,

                without insisting the pass in NEET Examination.



                            2.Upon hearing the learned counsel appearing for the parties, the Writ

                Petitions were dismissed inter alia holding that the judgment relied upon by the

                appellant will not give her the benefit, as the same cannot be applied to the

                subsequent cases.

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                                                                    W.A.(MD)Nos.1265 and 1266 of 2020

                          3.The learned counsel appearing for the appellant submitted that it

                would suffice if the representation of the appellant, dated 29.09.2020, is

                directed to be considered by the second respondent.



                          4.The learned counsel appearing for the second respondent submitted

                that the aforesaid representation if made, the same would be considered on its

                own merits.



                          5.We are not inclined to say anything on the merits of the cases.

                Considering the limited relief sought for by the appellant before us and without

                expressing any opinion on the merits of the matters, we would only direct the

                second respondent to consider the representation of the appellant, dated

                29.09.2020, and pass orders on merits and in accordance with law, within a

                period of six weeks from the date of receipt of a copy of this judgment.



                          6.These Writ Appeals are disposed of with the above direction. No

                costs. Consequently, connected Miscellaneous Petitions are closed.




                Index    :Yes/No                            [M.M.S.J.,]      [S.A.I.J.,]
                Internet :Yes                                       06.01.2021
                smn2

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                                                                     W.A.(MD)Nos.1265 and 1266 of 2020



                Note: In view of the present lock down owing to
                COVID-19 pandemic, a web copy of the order may be
                utilized for official purposes, but, ensuring that the copy
                of the order that is presented is the correct copy, shall
                be the responsibility of the advocate/litigant concerned.

                To

                1.The Secretary,
                  Union of India,
                  Ministry of AYUSH,
                  New Delhi.

                2.The Secretary,
                  Central Council of Homeopathy Medicine,
                  No.61-65, Institutional Area,
                  New Delhi.

                3.The Registrar,
                  Tamil Nadu Dr.M.G.R. Medical University,
                  No.69, Anna Salai,
                  Guindy,
                  Chennai.

                4.The Commissioner,
                  Selection Committee,
                  Indian System of Medicine and Homeopathy,
                  Anna Hospital,
                  Arumpakkam,
                  Chennai – 106.




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                                  W.A.(MD)Nos.1265 and 1266 of 2020

                                         M.M.SUNDRESH, J.

AND S.ANANTHI, J.

smn2

W.A.(MD)Nos.1265 and 1266 of 2020

06.01.2021

http://www.judis.nic.in

 
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