Petitioner doctors challenged the notification fixing 31.03.2021 as the qualifying date for service candidates in medical admissions. The court dismissed the writ petitions, holding that cutting dates must be arbitrary or illegal to be interfered with and followed a precedent.
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.
WP(MD). Nos.18906 ,18779 ,18773 , 18771, 18763, 18890, 18882, 18880 and 18952 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction
Tuesday, the Second day of November Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice SENTHILKUMAR RAMAMOORTHY
WP(MD). Nos.18906 ,18779 ,18773 , 18771, 18763, 18890, 18882, 18880 and 18952 of 2021
Dr.Vidya Priyadharsini, D/o.Veluchamy Assistant Surgeon (General) Upgraded Primary Health Center Rajasinga Mangalam - 623 525 Ramanathapuram District. ... Petitioner in WP(MD).No.18906/2021 Dr.Deoson, S/o.Lawrence, Assistant Surgeon(General), Government Primary Health Center Zaminkollan Kondan - 626 142, Virudhunagar District ... Petitioner in WP(MD).No.18779/2021 Dr.Preetha, D/o.Nagarajan, Assistant Surgeon(General), Upgraded Primary Health Center, Thogaimalai-621 313, Karur District ... Petitioner in WP(MD).No18773/2021 Dr.Lokesh, S/O.Selvaraj, Assistant Surgeon (General), Govindampalayam Primary Health Center, Thanthoni Block, Andankovil West, Karur – 639 002, Karur District. ... Petitioner in WP(MD).No. 18771/2021 Dr.Mutharasan,S/O.Raja, Assistant Surgeon(General), Government Primary Health Center, V.Puthur - 630 410, Sivagangai District ... Petitioner(s) in WP(MD). 18763/2021 Dr.Prabhakaran, S/O.Alayamani, Assistant Surgeon( General), Government Upgraded Primary Health Center Murukkangudi - 612202, Kumbakonam Taluk, Thanjavur District. ... Petitioner(s) in WP(MD).18890/2021
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WP(MD). Nos.18906 ,18779 ,18773 , 18771, 18763, 18890, 18882, 18880 and 18952 of 2021
Dr.Deepika, D/o.Ramanathan, Assistant Surgeon (General), Government Primary Health Center, Thiru Uthirakosamangai - SH-MHT, Ramanathapuram Health Unit District, Ramanathapuram District ... Petitioner(s) in WP(MD).18882/2021
Dr.Dhanasree, W/o.Dr.N.Ganesh, Assistant Surgeon (General), Virudhunagar Medical College, Virudhunagar, Virudhunagar District ... Petitioner(s) in WP(MD). 18880/ 2021 Dr.Aravindh , S/o. Umapathy, Assistant Surgeon (General) Government Primary Health Center, Thalavaipuram 626 188, Virudhunagar District. ... Petitioner(s) in WP(MD). 18952/ 2021
Vs
... Respondents in all WPs
Common Prayer :-
To issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent with respect to notification dated 06.10.2021 issued for Admission to MD/MS/Diploma Courses in Tamil Nadu Government Colleges / Self Financing Colleges for 2021-2022 Session through G.O.(D) No.1108 Health and Family Welfare (MCA-1) Department dated 04.10.2021 and quash the same as far as the fixation of qualifying date for service candidates is concern and consequently direct the respondents to re-fix the qualifying date for service candidates to any other date from 31.03.2021 taken into consideration the date of Examination i.e. 11.09.2021, the date of publication of results i.e. 28.09.2021, the date of notification https://hcservices.ecourts.gov.in/hcservices/ ie.06.10.2021 and the last date of submission of application
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WP(MD). Nos.18906 ,18779 ,18773 , 18771, 18763, 18890, 18882, 18880 and 18952 of 2021
ie,22.10.2021. For the admission to MD/MS/Diploma Courses in Tamil Nadu Government Colleges / Self Financing Colleges for 2021-2022 Session.
In all Writ Petitions:
For Petitioner : Thiru.T.M.Madasamy , Advocate
For Respondents : Thiru.K.S.Selva Ganesan and P.Subbaraj, Counsel for state
For the intervenor : Thiru.Isaac Mohanlal, Senior Counsel was assisted by Mr.Ragatheesh,
Common Order
The respective petitioner in this batch of Writ Petitions assails a notification dated 06.10.2021 insofar as it fixes the qualifying date for service candidates as 31.03.2021.
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WP(MD). Nos.18906 ,18779 ,18773 , 18771, 18763, 18890, 18882, 18880 and 18952 of 2021
academic years. Consequently, all these Writ Petitions are dismissed without any order as to costs and connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (CS-III)
(*)Seperate order to be Issued as per order of this Hon'ble Court dated 22/11/2021
Sd/-
Assistant Registrar (CS-III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
TO
(*)To be substituted to the order already despatched on 18/11/2021
+1CC to M/S. Isaac Chambers, Advocate,S.R.No.33720(f) ORDER DATED : 22/11/2021 ========================== ORDER ========================== WP(MD). Nos.18906 ,18779 ,18773 , 18771, 18763, 18890, 18882, 18880 and 18952 of 2021 Giving direction and etc. as stated within. RD(19.01.2022) 4P 6C
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2 issues framed by the court
Whether the fixation of 31.03.2021 as the qualifying date for service candidates in postgraduate medical admissions is arbitrary and illegal.
Whether the court can interfere with the cut-off date fixed by the Department given consistent practice in previous years.
Colour shows how this judgement treated each authority
W.P.Nos.22327, 22331 and 22332 of 2021Distinguished¶30
Dr. Vidya Priyadharsini & Ors.
The Secretary to Government, Health and Family Welfare Department
The Director, Directorate of Medical Education
The Secretary, Selection Committee
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
