Madras High Court
The Directorate Of Medical ... vs Prathumnan K.A on 6 January, 2023
W.A.No.2822 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2822 of 2022
The Directorate of Medical Education (DME),
156, Poonamallee High Road,
New Bupathy Nagar,
Chetpet, Chennai-600 031. .. Appellant
Vs
1.Prathumnan K.A.
Minor, represented by his Mother Kousalya
W/o.Ambigapathy.G, residing at
Thennamanadu, Orathanadu Taluk
Thanjavur District.
2.The Selection Committee,
Directorate of Medical Education,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai-600 010.
3.The Principal,
(Bachelor of Dental and Surgery Department)
Annamalai University,
Annamalai Nagar, Chidambaram,
Tamil Nadu – 608 002. .. Respondents
___________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.No.2822 of 2022
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 9.11.2022 passed in W.P.No.29702 of 2022
For the Appellant : Mr.J.Ravindran
Addl. Advocate General
assisted by
Mrs.R.Anitha
Spl. Government Pleader
For the Respondents : Mrs.N.Sneha
Standing Counsel
for respondent No.2
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
The Directorate of Medical Education has filed this writ appeal
challenging the following directions issued by the learned Single
Judge in the order dated 9.11.2022 passed in W.P.No.29702 of
2022:
“10. In view of the settled legal position and also the
fact that retaining the certificates of the petitioner
against the due of Rs.10,00,000/- to be paid by the
petitioner as per the bond, by the third respondent,
___________
https://www.mhc.tn.gov.in/judis
W.A.No.2822 of 2022
may not be justifiable, this Court, by following the
judgement cited supra, is inclined to dispose of this
writ petition with the following orders:-
(a) that there shall be a direction to the third
respondent to release all the original certificates
held back by the third respondent to the petitioner
forthwith, within a period of one week from the date
of receipt of a copy of this order
(b) On receipt of the certificates, it is open to the
petitioner to produce those certificates to the
institution concerned where he has been selected
for the First Year MBBS course for the academic
year 2022- 2023.
(c) The concerned institution, on receipt of the
certificates from the petitioner, shall accept it and
give admission to the petitioner in the First Year
MBBS Course for the academic year 2022-2023.
(d) It is made clear that in this regard, if there is
any further impediment for the institution concerned
to give admission to the petitioner, the issue can be
clarified by the second respondent-Selection
Committee, in view of the order passed by this
Court.”
2. When the matter was taken up, Mr.J.Ravindran, learned
___________
https://www.mhc.tn.gov.in/judis
W.A.No.2822 of 2022
Additional Advocate General appearing for the appellants, fairly
submitted that the writ petitioner/first respondent herein has paid
the sum of Rs.10 lakh and his certificates have been returned and,
therefore, nothing further remains for adjudication in this writ
appeal.
In view of the above submission made by learned Additional
Advocate General, no further orders are required to be passed in this
writ appeal, which is accordingly closed. There will be no order as
to costs. Consequently, C.M.P.No.22972 of 2022 is closed.
(T.R., ACJ.) (D.B.C., J.)
06.01.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To
The Selection Committee,
Directorate of Medical Education,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai-600 010.
___________
https://www.mhc.tn.gov.in/judis
W.A.No.2822 of 2022
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.A.No.2822 of 2022
06.01.2023
___________
https://www.mhc.tn.gov.in/judis
