Writ petition filed to quash a Government Order and direct fee fixation for PG Medical courses. Court held petition infructuous as relevant fees were already paid, keeping legal questions open for future necessity.
Writ petition dismissed as infructuous; question of law left open for future necessity.
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W.P.No.8250 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.8250 of 2019 and W.M.P.Nos.8805, 8807 & 8811 of 2019
Pondicherry Institute of Medical Sciences Represeted by its Chairman Dr.K.Jacob Kalapet, Puducherry – 605 014.
... Petitioner
Vs.
Represented by its Chairman, Government of Puducherry.
... Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the entire records of the 1st respondent dated 07.03.2019 in G.O.Ms.No.14, quash the same and consequently direct the 1st and 2nd respondent to fix the fee for admission of students into the PG Medical Degree courses as per the direction issued by the Honourable Supreme Court.
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For Petitioner : Mr.Abishek Jenasenan For Respondents : Dr.B.Ramaswamy AGP (Pondy)
W.P.No.8250 of 2019
O R D E R
This writ petition has been filed to call for the entire records of the 1st respondent dated 07.03.2019 in G.O.Ms.No.14, quash the same and
consequently direct the 1st and 2nd respondent to fix the fee for admission of students into the PG Medical Degree courses as per the direction issued by the Honourable Supreme Court.
2.The learned counsel for the petitioner would submit that the fee for the academic years viz., 2016-17, 2017-18 and 2018-19 have been paid. However, he prayed to keep the question of law be open.
3.In view of the above submission, the prayer sought in this Writ Petition
has become infructuous and accordingly, the Writ Petition stands dismissed as infructuous. However, it is made clear that the question of law remains undecided and left open to be decided in future, if the necessity arises. No costs. Consequently connected miscellaneous petitions are closed.
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W.P.No.8250 of 2019
(J.N.B.,J.) (N.M.,J.) 19.10.2023
Jer
Index:Yes/No Speaking/Non-speaking order Neutral citation:Yes/No
To
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W.P.No.8250 of 2019
J.NISHA BANU, J. and N.MALA, J.
Jer
W.P.No.8250 of 2019
19.10.2023
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2 issues framed by the court
Whether the writ petition is maintainable to quash G.O.Ms.No.14 and direct fee fixation for PG Medical Degree courses.
Whether the prayer in the writ petition stands infructuous given that fees for academic years 2016-17 to 2018-19 have been paid.
1 provisions across 1 enactments
Pondicherry Institute of Medical Sciences
The Government of Puducherry
The Fee Committee
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
