Madras High Court
Mithuna vs Government Of Puducherry on 12 October, 2018
Author: S.S.Sundar
Bench: S.S.Sundar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.10.2018 CORAM THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.No. 27371 of 2018 and W.M.P.No. 31871 of 2018 Mithuna ... Petitioner Vs. 1. Government of Puducherry Rep. by Secretary to Government (Higher & Technical Education) chief Secretariat, Puducherry. 2. Centralised Admission Committee Rep. by Co-ordinator (Admission) Government of Puducherry Pondicherry Engineering College Campus Puducherry 605 014. 3. Medical Council of India Represented by Secretary Sector VIII Dwaraga Phase II New Delhi 110 077. 4. Pondicherry Institute of Medical Sciences Represented by its Registrar Kalapet, Puducherry 605 014. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent herein to forthwith allot a seat in UG Medical Course in the fourth respondent College for the year 2018-19 herein to the petitioner and to direct the fourth respondent herein to admit the petitioner in the College in UG Medical Course for this year ie., 2018-2019 in any of the vacancy to arise in the light of the directions issued by the Hon'ble Supreme Court of India in Judgment dated 09.10.2018 in Civil Appeal No. 10369 of 2018 arising out of SLP (c) No. 24064 of 2018. *** For Petitioner : Mr. M.Ravi For RR 1 & 2 : Mr. D.Ravichandar Additional Government Pleader ORDER
Seeking a direction to direct the second respondent herein to forthwith allot a seat in UG Medical Course in the fourth respondent College for the year 2018-19 herein to the petitioner and to direct the fourth respondent herein to admit the petitioner in the College in UG Medical Course for this year ie., 2018-2019 in any of the vacancy to arise in the light of the directions issued by the Hon'ble Supreme Court of India in Judgment dated 09.10.2018 in Civil Appeal No. 10369 of 2018 arising out of SLP (c) No. 24064 of 2018, the present Writ Petition came to be filed.
2. By consent, the Writ Petition itself is taken up for final disposal at the admission stage itself.
3. Heard Mr. D.Ravichandar, learned Additional Government Pleader appearing for the respondents 1 and 2. In view of the order passed by this Court, notice is not necessary to the respondents 3 and 4.
4. This Writ Petition has been filed based on the observation of the Hon'ble Supreme Court made in Special Leave to Appeal (C) No. 24064 of 2018 dated 09.10.2018.
5. The learned counsel appearing for the petitioner states that this Court has reserved one seat for the next year for the petitioner only because of the impediment by the order of the Hon'ble Supreme Court regarding time schedule. Since the Hon'ble Supreme Court has directed specifically in respect of Union Territory, Pondicherry, to substitute the candidates, who have been wrongly or illegally admitted within seven days, it is stated that the candidature of petitioner can be considered this year.
6. The contention of the learned counsel for the petitioner may be accepted if it is a case of review.
7. This Court is of the view that the order passed by this Court earlier in another Writ Petition cannot be modified so as to accommodate the petitioner this year. However, it is open to the petitioner to file an Appeal in so far as the portion of order regarding reservation of one seat for the petitioner next year.
8. With the above observation, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
12.10.2018 Index: Yes/No. Internet: Yes/No vsg Note: Issue order copy on 12.10.2018 To
1. The Secretary to Government Government of Puducherry (Higher & Technical Education) Chief Secretariat, Puducherry.
2. The Co-ordinator (Admission) Centralised Admission Committee Government of Puducherry Pondicherry Engineering College Campus Puducherry 605 014.
S.S.SUNDAR, J.
vsg W.P.No. 27371 of 2018 and W.M.P.No. 31871 of 2018 12.10.2018