This court closed the writ petition as infructuous since the petitioners conceded that candidates with higher marks secured the seats, rendering further prayer unnecessary.
No further order required; Writ petition closed as infructuous.
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.22068 & 22069 of 2018
and W.M.P.No.25859 to 25862 of 2018
Dr.R.Rithvik ... Petitioner in W.P.No.22068/2018
Dr.S.Dhanraj ... Petitioner in W.P.No.22069/2018
Versus 1. The Government of India, Rep. by its Secretary to Government, Ministry of Health and Family Welfare, Room No.358,'A' Wing, Nirman Bhavan, New Delhi – 110 011 2. The Director General of Health Services, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.
COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to conduct 3rd Round of Counselling/Stray Vacancy Counselling based on merit in the selection by allowing the candidates to participate in the counselling without reference to the admission already granted in the earlier round counselling and consequently consider the petitioner to participate in 3rd Round Counsellings/Stray Vacancy Round counselling for admission to D.M.,(Neurology) course for 2018-19 based on the marks/merit in selection.
For Petitioners in both WPs : Mr.G.Sankaran
For Respondent 1 and 2 : Mr. K.Karthikeyan in both WPs ASGI
C O M M O N O R D E R
The learned counsel for the petitioners fairly conceded that the candidate, who obtained higher marks than the petitioners has been allotted the seat and also submitted that the writ petition has become infructuous and nothing survives for further adjudication.
2 In view of the above facts, this Court is of the view that no further order is required in this writ petition. Hence, the Writ petition is closed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are also closed
Sd/--
Assistant Registrar(CS ix)
//True Copy//
Sub Assistant Registrar
rpl
To
1. The Secretary to Government,
Government of India,
Ministry of Health and Family Welfare,
Room No.358,'A' Wing, Nirman Bhavan,
New Delhi – 110 011
+1cc to Mr.G.Sankaran , Advocate SR.No.60791
ASK(24/09/2018)
1 issue framed by the court
Whether the writ petition seeking direction for 3rd Round Counselling requires adjudication.
1 provisions across 1 enactments
Dr.R.Rithvik
Dr.S.Dhanraj
The Government of India
The Director General of Health Services, Ministry of Health and Family Welfare
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
