Madras High Court
Ms.K.Sukisha vs The Principal Secretary on 5 January, 2022
W.P.(MD) No.46 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD) No.46 of 2022
and
W.M.P.(MD)No.36 of 2022
Ms.K.Sukisha ... Petitioner
vs.
1.The Principal Secretary,
Department of Health and Family Welfare,
Fort St. George, Secretariat,
Chennai-600 009.
2.The Additional Director of Medical Education,
Secretary, Selection Committee,
162, Periyar EVR High Road, Kilpauk,
Chennai-600 010. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents to consider the
petitioner for admission to MBBS/BDS Degree Courses in Tamil Nadu
Government Medical/Dental Colleges, I.R.T. Medical College, Perunthurai, Erode
for the academic year 2021-2022 on the basis of the order passed in W.P.(MD)No.
17414 of 2018, dated 08.05.2019 and as per order passed in W.A.(MD)No.610 of
2019, dated 19.08.2021 and on the basis of G.O.(Ms)No.1142 Health and Family
Welfare Department, dated 30.06.1979 and reiterated in Priority VII to IX in vide
1/5
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W.P.(MD) No.46 of 2022
letter F.No.6(1)/2017/D (Res II) dated 30.11.2017 as revised on 21.05.2018 by the
Union Government in the category of Children of Serving Defence Personnel and
based upon the petitioner's representation dated 24.12.2021.
For Petitioner : Mr.K.K.Kannan
For Respondents : Mr.D.Ghandiraj
Special Government Pleader
ORDER
The writ petition has been filed seeking consideration of a representation
dated 24.12.2021, by which representation, the petitioner seeks admission to
MBBS/BDS Degree Courses in Tamil Nadu Government Medical/Dental
Colleges, I.R.T. Medical College, Perunthurai, Erode for the academic year
2021-2022.
2.The relief is based on a string of orders apparently passed by the learned
Single Judges and the Division Benches of this Court. Orders may be passed by
the Courts, but they should be put into effect by the Executive. So long as they are
not put into the effect by the Executive, the orders remain only on paper.
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W.P.(MD) No.46 of 2022
3.The learned counsel for the petitioner raised grievance regarding the
prospectus now issued for admission to the aforesaid courses for the academic
year 2021-2022 and expressed grievance that the prospectus has not been
amended in consonance with the directions of the orders passed by this Court.
The orders passed are known to the respondents. They will have to take a decision
whether they are going to abide with the orders or question such orders in manner
known to law or not to abide with the orders and proceed with the admission in
accordance with the prospectus. Since the learned counsel stated that the
representation be considered, it would only be appropriate that the Court also first
invites the respondents to give their opinion on the representation of the
petitioner herein.
4.A direction is given to the respondents to consider the representation
given by the petitioner aforementioned and pass necessary orders after taking into
consideration the various judgments of the learned Single Judges and the Division
Benches of this Court which have been cited as documents to the writ petition.
The respondents may pass necessary orders within a period of three weeks from
the date of receipt of a copy of this order. The respondents may take into
consideration the string of orders passed which initially granted relief to the
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W.P.(MD) No.46 of 2022
petitioner. The said relief was stayed and this Court has no idea at all what is the
present position. It is for the respondents to decide and pass necessary orders.
5.With the above observations, the Writ Petition stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
05.01.2022
Index : Yes / No
Internet : Yes / No
sji
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 Principal Secretary,
Department of Health and Family Welfare,
Fort St. George, Secretariat,
Chennai-600 009.
2.The Additional Director of Medical Education,
Secretary, Selection Committee,
162, Periyar EVR High Road, Kilpauk,
Chennai-600 010.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.46 of 2022
C.V.KARTHIKEYAN,J.
sji
W.P.(MD) No.46 of 2022
05.01.2022
https://www.mhc.tn.gov.in/judis
