The single judge held the writ petition infructuous as the petitioner had already been granted admission following a Division Bench order that treated them as a Tamil Nadu native for counseling, rendering the prayer for inclusion in the rank list unnecessary.
The writ petition was closed as infructuous with no further order required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2018
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.No.16425 of 2018
and W.M.P.No. 19581 of 2018
Harishma Nagarajan ... Petitioner
Versus 1.Government of Tamil Nadu Rep.by its Secretary Health and Family Welfare Department Fort St. George, Chennai.
2.Selection Committee Directorate of Medical Educational No. 162, Peiyar EVR High Road, Kilpauk, Chennai – 600010
3.The Medical Council of India Rep by its Secretary Dwaraka Phase -I
New Delhi.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the second respondent to include the petitioner in the Rank List for Government Quota seats in the category SCA for MBBS course for the academic year 2018-2019 and permit the petitioner to participate in the Government Counselling.
For Petitioner : Mr. C.A.Diwakar For R1 and R2 : Ms.V. Annalakshmi, GA For R3 : Mr.V.P.Raman
O R D E R
This writ petition is for issuing a Writ of Mandamus, directing the second respondent to include the petitioner in the Rank List for Government Quota seats in the category SCA for MBBS course for the academic year 2018-2019 and permit the
petitioner to participate in the Government Counselling.
2 This court dismissed the interim application filed by the petitioner in W.M.P.No.19581 of 2018 in W.P.No.16425 of 2018. Aggrieved by the same, the petitioner has preferred a writ appeal in W.A.Nos.1495,1508 and 1513 of 2018. The appeals preferred by the petitioner along with similar appellants, were allowed by the Division Bench of this Court by its common judgment dated 09.08.2018, and the relevant portion of the said order is extracted below:
“128.Offending portion of the orders passed by the writ Court, are set aside. Appellants, be treated as native of Tamil Nadu. They shall be permitted to attend the second round of counselling for admission, as against the seats meant for Tamil Nadu State Quota, by following the merit cum rule of reservation, applicable to the State of Tamil Nadu.”
3 Pursuant to the direction of the Hon'ble Division Bench of this Court, it is further admitted that the writ petitioner was given admission to undergo the course in Mohan Kumar Medical College, Salem.
4 In view of the above facts, this Court is of the view that no further order is required as the prayer has been acceded. Hence, the Writ petition is closed as infructuous. No costs. Consequently, connected Miscellaneus Petition is also closed.
Sd/Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpl/mpa To
1.The Secretary, Government of Tamil Nadu Health and Family Welfare Department Fort St. George, Chennai.
2.Selection Committee Directorate of Medical Educational No. 162, Peiyar EVR High Road, Kilpauk, Chennai – 600010
3.The Secretary The Medical Council of India Dwaraka Phase-I New Delhi.
+1cc to Mr.V.P.Raman, Advocate, S.R.No.60403
+1cc to Mr.C.A.Diwakar, Advocate, S.R.No.60369
W.P.No.16425 of 2018
and
WMP.No. 19581 of 2018
VSN II(CO)
GSP(24/09/2018)
1 issue framed by the court
Whether the writ petition is infructuous in view of the Division Bench's prior order allowing the petitioner to treat as a native of Tamil Nadu for counseling purposes.
Colour shows how this judgement treated each authority
Common judgment dated 09.08.2018Referred¶19
1 provisions across 1 enactments
Harishma Nagarajan
Government of Tamil Nadu
Selection Committee
The Medical Council of India
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
