The court held that a writ appeal filed by state officials was infructuous because the underlying writ petition had become redundant following orders from the Supreme Court and a subsequent judicial order directing students to private colleges.
The appeal is dismissed as infructuous. No costs. Connected miscellaneous petitions are closed.
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 : 15.10.2019 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.147 of 2019 and C.M.P.No.1612 of 2019
1.The Secretary to Government Health and Family Welfare Department of Tamil Nadu, St. George Fort, Chennai 600 009.
2.The Director of Medical Education, 156, Poonamalle High Road, New Bupathy Nagar, Chetput, Chennai 600 031. ... Appellants/Respondents 2 & 3 in WP Vs
1.Yenetala Madhu Preethi, D/o.Yenetala Bhavani Prasad, 20D-11-13/1, Bhimvarapuvari Street, 37-Division Gandhi Nagar Eluru West, Godavari Andhra Pradesh – 534 002
2.The Health Secretary Ministry, Health and Family Welfare, Government of India Nirman Bhawan, New Delhi – 11.
3.The Secretary, Medical Council of India Pocket – 14 Sector – 8 Dwarka, New Delhi.
4.The Registrar, Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai Guindy, Chennai 602 117.
5.Ponniyah Ramajayam Institute of Medical Sciences, Manamai-Nallur East Coast Road, Mahabalipuram, Kancheepuram 603 102. ... Respondents/Petitioner/Respondents 1, 4, 5 & 6 in WP
PRAYER : Appeal against the order dated 13.12.2018 made in W.P.No.25793 of 2018 on the file of this Court.
Prayer in W.P.No.25793 of 2018 (WA No.147 of 2019) : Writ Petition filed under article 226 of the Constitution of India praying to direct the all the respondents other than the 5th respondent to transfer the petitioner from the 6th respondent college to any other Government Medical College to the II year MBBS Course.
For Appellants : Mr.T.M.Pappiah learned Special Government Pleader For Respondents :M/s.Row & Reddy (for R1) Mr.B.Rabu Manohar (for R2) Central Government standing counsel Mr.V.P.Raman (for R3) Standing counsel Mr.D.Ravichander (for R4) Standing counsel
J U D G M E N T
(Judgment of the Court was delivered by N.KIRUBAKARAN, J)
Mr.T.M.Pappiah, learned Special Government Pleader would submit that the Writ Appeal has become infructuous.
2.The learned Special Government Pleader submitted that the Writ Petition has been filed by the students of Ponnaiyah Ramajayam Institute of Medical Sciences (PRIMS) and the learned single Judge had allowed the Writ Petition. Meanwhile against an interim order of the learned single Judge, a review petition had been filed. The Review Petition review was allowed, setting aside the order passed by the learned single Judge, by which accommodation was ordered in the Government Medical colleges. Against the order passed in the review petition also, the students went before the Hon'ble Supreme court and the Hon'ble Supreme Court confirmed the order passed in the Review Petition. It is also submitted by Mr.T.M.Pappiah, learned Special Government Pleader that pursuant to the order passed by this Court all the students who were admitted in Ponniyah Ramajayam Institute of Medical Sciences had joined in private Medical Colleges.
3.In this circumstances, the Appeal filed against the original order of the learned single Judge has become infructuous. Accordingly, the Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions is also closed.
Sd/Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar sai To 1.The Secretary to Government Health and Family Welfare Department of Tamil Nadu, St. George Fort, Chennai 600 009. 2.The Director of Medical Education, 156, Poonamalle High Road, New Bupathy Nagar, Chetput, Chennai 600 031. 3.The Health Secretary Ministry, Health and Family Welfare, Government of India, Nirman Bhawan, New Delhi – 11. 4.The Secretary, Medical Council of India Pocket – 14 Sector – 8 Dwarka, New Delhi. 5. The Registrar, Tamil Nadu Dr MGR Medical University, 69, Anna Salai Guindy, Chennai-602117
+1cc to Government Pleader, High Court, Madras SR.No.86866
W.A.No.147 of 2019
RSK(CO) GMY(22/11/2019)
The Secretary to Government Health and Family Welfare Department of Tamil Nadu
The Director of Medical Education
The Health Secretary Ministry
The Secretary, Medical Council of India
The Registrar, Tamil Nadu Dr.M.G.R.Medical University
Ponniyah Ramajayam Institute of Medical Sciences
N.KIRUBAKARAN
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
