Madras High Court
Dr.Preetha vs ) The Secretary To Government on 21 January, 2022
W.A(MD)Nos.14 and 15 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.01.2022
CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)Nos.14 and 15 of 2022
and
CMP(MD)Nos.342 and 344 of 2022
Dr.Preetha ... Appellant in both appeals
vs.
1) The Secretary to Government,
Health and Family Welfare Department,
Fort St.George, Secretariat, Chennai-600 009.
2) The Director, Directorate of Medical Education,
Kilpauk, Chennai-600 010.
3) The Secretary, Selection Committee,
No.162, Periyar EVR High Road,
Kilpauk, Chennai-600 010. ... R1 to R3 in both appeals
4) The Director of Public Health and Preventive Medicine,
Chennai. ... R4 in W.A.14/2022
Appeals filed under Clause 15 of Letters Patent, to set aside
the order passed in W.P(MD)Nos.18881 and 18773 of 2021 dated
02.11.2021.
For Appellant : Mr.T.M.Madasamy
For Respondents : Mr.S.R.A.Ramachandran
Additional Government Pleader
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W.A(MD)Nos.14 and 15 of 2022
COMMON JUDGMENT
(Judgment of the Court was made by
PUSHPA SATHYANARAYANA, J.)
The appellant in both the appeals was the petitioner in
W.P(MD)Nos.18881 and 18773 of 2021. She had completed two
years of service requirements after 31.03.2021. The cut-off date
for the Post Graduate degree and diploma courses specified that two
years of continuos service would be reckoned as on 31.03.2021.
The said cut-off date is now been challenged on the ground that the
entrance examination was conducted on 11.09.2021 and the results
were declared on 28.09.2021. The Writ Court had dismissed the
writ petitions based on the order passed in W.P.Nos.22327, 22331
and 22332 of 2021 dated 25.10.2021, wherein, the Principal Seat
had dismissed similar writ petitions, holding that the fixation of date
is neither arbitrary nor illegal.
2. The learned counsel for the appellant would contend
that the other States namely, State of Telangana has fixed the date
as 30.09.2021, the State of Himachal Pradesh has fixed the date as
28.09.2021 and the State of Andhra Pradesh has fixed the date as
30.11.2021. The learned single Judge had held that fixation of cut-
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W.A(MD)Nos.14 and 15 of 2022
off date cannot be interfered with unless the same is held to be
arbitrary and illegal. The cut-off dates given by the other States as
has been pointed out by the learned counsel for the appellant also
show that it is with the discretion of the authorities. Therefore, this
Court cannot interfere in the said date, merely because the
petitioner has completed her two years period of service after the
said cut-off date. So, we also see no reason to interfere with the
reasoning given by the learned single Judge.
3. The learned Additional Government Pleader appearing
for the respondents also says that though the common order is
passed, only the appellant has challenged and any change in the
date would unsettle various admissions already granted. Taking
note of the said fact also, we see no merits in the writ appeals.
4. Accordingly, the Writ Appeals are dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
[P.S.N.,J.] & [P.V.,J.]
21.01.2022
Index : Yes / No
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W.A(MD)Nos.14 and 15 of 2022
To
1) The Secretary to Government,
Health and Family Welfare Department,
Fort St.George, Secretariat, Chennai-600 009.
2) The Director, Directorate of Medical Education,
Kilpauk, Chennai-600 010.
3) The Secretary, Selection Committee,
No.162, Periyar EVR High Road,
Kilpauk, Chennai-600 010.
4) The Director of Public Health and Preventive Medicine,
Chennai.
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W.A(MD)Nos.14 and 15 of 2022
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
bala
COMMON JUDGMENT MADE IN
W.A(MD)Nos.14 and 15 of 2022
DATED : 21.01.2022
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