Dismissed

R.Raja v. Government of Puducherry

Madras HC21 Jan 2024WP/1429/2024

Case brief

AI extract

What is this about?

In this PIL, the petitioner sought to quash a notification closing JIPMER campus and protect scheduled surgeries. The court found that no elective surgeries were fixed for the closure day and ordered the petition disposed of with no order as to costs.

What did the court decide?

Petition disposed of; no order as to costs. Closure of campus pending directions regarding no elective surgeries.

R.Raja Vs Government of Puducherry — Pension and Retirement Benefits | Madras HC (2024)

¶1

W.P.No.1429 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 21.01.2024

¶4

CORAM :

¶5

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND

¶6

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.1429 of 2024

¶7

R.Raja .. Petitioner Vs

¶8

Government of Puducherry Rep. by its Chief Secretary Main Building, Chief Secretariat Goubert Avenue, Beach Road White Town, Puducherry – 605 001.

¶9

Union of India

¶10

Ministry of Health and Family Welfare Department By its Secretary, Room No.201-D, Nirman Bhawan New Delhi – 110 011.

¶11

The Director

¶12

Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER) JIPMER Campus Road, Gorimedu, Dhanvantri Nagar Puducherry – 605 006.

¶13

The Administration Officer Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER) JIPMER Campus Road, Gorimedu Dhanvantri Nagar Puducherry – 605 006.

¶14

.. Respondents

¶15

_____________ Page 1 of 7_

¶16

https://www.mhc.tn.gov.in/judis

¶17

W.P.No.1429 of 2024

¶18

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus, calling for the records of the fourth respondent with respect to notification dated 19.01.2024 in No.Admn.I.11.29 (1)/2020 and quash the same and consequently direct the third and fourth respondents not to close down the hospital and health care service of Jawaharlal Institute of Post Graduate Medical Education and Research (JIPMER) on 22.01.2024 till 2.30 pm or any other day for any specific or other reasons.

¶19

For the Petitioner : Mr.V.Prakash Senior Counsel for Mr.R.Mahesh Nandhu

¶20

For the Respondents : Mr.Ravi Kumar Government Pleader (Pondy) for 1^st respondent

¶21

: Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.Srinivasamurthy Senior Panel Counsel for 2^nd respondent

¶22

: Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.M.T.Arunan Standing Counsel for respondents 3 and 4

¶23

Page 2 of 7

¶24

https://www.mhc.tn.gov.in/judis

¶25

W.P.No.1429 of 2024

¶26

ORDER

¶27

(Delivered by the Hon'ble Chief Justice)

¶28

Heard Mr.V.Prakash, learned Senior Counsel, appearing on behalf of Mr.R.Mahesh Nandhu, learned counsel for the petitioner; Mr.Ravi Kumar, learned Government Pleader (Puducherry) for the first respondent; Mr.AR.L.Sundaresan, learned Additional Solicitor General appearing on behalf of Mr.Srinivasamurthy, learned Senior Panel Counsel for the second respondent; appearing on behalf of Mr.M.T.Arunan, learned counsel for third and fourth respondents.

¶29

The present public interest litigation is filed assailing the notification dated 19.1.2024 issued by the Jawaharlal Institute of Post Graduate Medical Education and Research (JIPMER). Under the said notification, it is informed that the institute shall remain closed till 2.30 pm on 22.1.2024, however, the emergency services will run as usual.

¶30

_____________ Page 3 of 7_

¶31

https://www.mhc.tn.gov.in/judis

¶32

W.P.No.1429 of 2024

¶33

Mr.V.Prakash, learned Senior Counsel appearing on behalf

¶34

of the petitioner, submits that there are planned surgeries scheduled on 22.1.2024. Once the slot is missed, the appointment is not given for three months. There are patients who have to undergo tests such as MRI Scan, etc., before the operative procedure is undertaken. The patients throughout the country come to the respondent/institute, as it is a super specialty institute and one of the most reputed institutes in Puducherry.

¶35

We had heard the matter. We asked learned Additional

¶36

Solicitor General, appearing virtually, that if the surgeries are planned and if they are not performed in the morning session, then when those surgeries would be undertaken. Learned Additional Solicitor General sought 15 minutes time to take instructions on the same. After about 15-20 minutes, we re-assembled.

¶37

Learned Additional Solicitor General, on instructions of the

¶38

Deputy Director (Admn), JIPMER, submits that on 22.1.2024 till 2.30 pm, there are no elective/planned surgeries fixed. On

¶39

_____________ Page 4 of 7_

¶40

https://www.mhc.tn.gov.in/judis

¶41

W.P.No.1429 of 2024

¶42

instructions, he further submits that emergency surgeries would be undertaken; emergency services will run as usual; and planned evaluations shall also be taken care of. The patients requiring emergent treatment shall be attended to by the doctors.

¶43

In view of the said statement made by learned Additional Solicitor General, the apprehension of the petitioner would stand redressed.

¶44

The writ petition, as such, is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.1458 and 1459 of 2024 are closed.

¶45

(S.V.G., CJ.) (D.B.C., J.) 21.01.2024 Index : No Neutral Citation : No

¶46

sasi/drm

¶47

_____________ Page 5 of 7_

¶48

https://www.mhc.tn.gov.in/judis

¶49

W.P.No.1429 of 2024

¶50

To:

¶51

The Chief Secretary Government of Puducherry Main Building, Chief Secretariat Goubert Avenue, Beach Road White Town, Puducherry – 605 001.

¶52

The Secretary Union of India Ministry of Health and Family Welfare Department Room No.201-D, Nirman Bhawan New Delhi – 110 011.

¶53

The Director Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER) JIPMER Campus Road, Gorimedu, Dhanvantri Nagar Puducherry – 605 006.

¶54

The Administration Officer Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER) JIPMER Campus Road, Gorimedu Dhanvantri Nagar Puducherry – 605 006.

¶55

_____________ Page 6 of 7_

¶56

https://www.mhc.tn.gov.in/judis

¶57

W.P.No.1429 of 2024

¶58

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi/drm)

W.P.No.1429 of 2024

21.01.2024

_____________ Page 7 of 7_

¶63

https://www.mhc.tn.gov.in/judis

R.Raja v. Government of Puducherry

Case brief

What is this about?

What did the court decide?

R.Raja v. Government of Puducherry

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tamilnadu Adhi Andhra Maha Sabha Vs The Commissioner

M.Palanivel Vs the District Collector

N.Kubendran Vs the District Collector

K.Thangavel Vs the District Collector

C.Muthu B.A. B.L., Vs the Principal Secretary

R.Malliga Vs the District Collector