The High Court of Madras dismissed a writ appeal regarding a transfer of students from a private medical college to a government college as infructuous, noting that the students had since joined private medical colleges pursuant to the Supreme Court's orders.
The Writ Appeal was dismissed as infructuous; connected Miscellaneous Petitions 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.168 of 2019 and C.M.P.No.1609 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.V.Baskar Raja, S/o.P.Vijayaragavan, No.2/462-C, Anandha Nagar, Bethathalapalli Post, Opp.District Court, Krishnagiri-635 001. 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, Chennai-600009. ... Respondents/Petitioner/Respondents 1,4,5 & 6 in WP https://hcservices.ecourts.gov.in/hcservices/
PRAYER : Appeal against the order dated 13.12.2018 made in W.P.No.14638 of 2018 on the file of this Court.
Prayer in WP No.14638 of 2018 (WA No.168 of 2019) : Writ Petition filed under article 226 of the Constitution of India praying to direct the all the respondents other than the 6th respondent to transfer the petitioner from the 6th respondent college to any other Government medical college.
For Appellants :Mr.T.M.Pappiah
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-IV)
//True copy//
Sub Assistant Registrar ay/sai To 1.The Health Secretary Ministry, Health and Family Welfare, Government of India Nirmar Bhawan, New Delhi – 11. 2.The Secretary, Medical Council of India Pocket – 14 Sector – 8 Dwarka, New Delhi. 3.The Secretary of Government Health and Family Welfare Department of Tamil Nadu, St. George Fort, Chennai 600 009. 4.The Director of Medical Education, 156, Poonamalle High Road, New Bupathy Nagar, Chetput, Chennai 600 031. 5. The Registrar Tamil Nadu Dr MGR Medical University, 169, Anna Salai, Guindy, Chenai-602117 +1cc to Government Pleader, High Court, Madras SR.No.86870 W.A.No.168 of 2019 RSK(CO) GMY(22/11/2019)
Secretary to Government Health and Family Welfare Department of Tamil Nadu
Director of Medical Education
Health Secretary Ministry, Health and Family Welfare, Government of India
Secretary, Medical Council of India
Registrar, Tamil Nadu Dr. M.G.R. Medical University
Students of 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
