Madras High Court
D.Muthu Kumaran vs The Govt. Of Tamil Nadu on 28 April, 2017
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.04.2017 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.17882 of 2013 D.Muthu Kumaran ...Petitioner Vs 1.The Govt. of Tamil Nadu, Rep.by Secretary to Govt., Health and Family Welfare Department, Fort St.George, Secretariat, Chennai - 600 009. 2.The Secretary, Selection Committee, Directorate of Medical Education, Kilpauk, Chennai 600 010. 3.The Registrar, The Tamil Nadu Dr MGR Medical University, No.69, Anna Salai, Guindy, Chennai 600 032. 4.The Secretary, Medical Council of India, MCI Buildings Pocket 14, Sector - 8, Dwarka, Phase -I, New Delhi. R4 Impleaded as Per order dated 05.08.2013 by KKSJ in M.P.No.02/2013 in WP.No.17882/2013. ...Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of writ of mandamus directing the second respondent herein to permit the petitioner to sit for the Entrance Examination for admission to three year Higher Specialty Courses in Tamil Nadu during the academic Session, 2013-2014 to be held on 07.07.2013 under Application No.10119, and select the Petitioner for admission to the said course on the basis of the performance in the said examination. For Petitioner : Mr.A.R.L.Sundaresan, Standing Counsel Asst. by Mrs.A.L.Gandhimathi For Respondents : Mr.K.Dhanajeyan Special Government Pleader, for R1 & R2 : Mr.S.Gomathi Nayagam Additional Advocate General/Standing Counsel Asst. by : Mr.G.Hari Hara Aran Soma Sankar for R3 : Mr.V.P.Raman for R4 O R D E R
The relief sought for in this Writ Petition is for issuance of a writ of mandamus to direct the second respondent to permit the Writ Petitioner, seeking for Entrance Examination admission of three years Higher Specialty Course in Tamil Nadu during the Academic year 2013-2014, held on 7th July 2013.
2. The petitioner submitted an Application No.10119 for admission to the Higher Specialty Course in Tamil Nadu more specifically Thiru.Dr.M.G.R.Medical University.
3. The relief sought for by the Writ Petitioner is relating to the Academic year 2013-2014 and the Entrance Examination was held on 7th July 2013. Admittedly, the Writ Petitioner was not permitted to sit in the Examination, and now after a lapse of four years, the question of setting the clock back does not arise at all. Further more, the Law Officer of Medical Council of India filed a counter affidavit. For better appreciation, the relevant portion, more specifically, paragraph No.4, is extracted hereunder:
"This respondent vide letter dated 20.09.2013 to the MGR University brought to the notice of the University that vide notification dated 07.03.2008 issued by the Central Government under Section 13(4) of the Act, postgraduate qualification in five countries namely United States, Australia, United Kingdom, Canada and New Zealand and which are recognized in the said countries for enrollment as medical practitioners in the concerned specialties in their respective countries was added to III Scheduled Part II of the Indian Medical Council Act, 1956 by way of an amendment. It was further pointed out in the said communication dated 20.09.2013 that MCI Regulations are silent on the question of equivalence of the post graduate qualifications of the said country with Indian Post Graduate degrees. The same was also placed before this Hon'ble Court on 23.09.2013."
4. In view of this fact, no further consideration is required in this Writ Petition. Accordingly, this Writ Petition stands dismissed. No costs.
28.04.2017 rpa/gsk S.M.SUBRAMANIAM,J.
gsk To
1.The Secretary, Govt. of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Secretariat, Chennai - 600 009.
2.The Secretary, W.P. No.17882 of 2013 Selection Committee, Directorate of Medical Education, Kilpauk, Chennai 600 010.
3.The Registrar, The Tamil Nadu Dr MGR Medical University, No.69, Anna Salai, Guindy, Chennai 600 032.
4.The Secretary, Medical Council of India, MCI Buildings Pocket 14, Sector - 8, Dwarka, Phase -I, New Delhi.
28.04.2017 http://www.judis.nic.in