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2023 Supreme(Mad) 2545

SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
Gurubaran – Appellant
Versus
Union of India Rep. By its Secretary to Government Ministry of Health and Family Welfare New Delhi – Respondent


Advocates appeared:
For the Petitioner:Suhrith Parthasarathy, Advocate. For the Respondents:R. Shunmugasundaram Advocate General assisted by P. Muthukumar State Government Pleader & R2 & R3, A.G. Shakeena, R4, J.Ravindran Additional Advocate General assisted by M. Sneha, R1, P.G. Santhosh Kumar Senior Panel Counsel, R5, Subharanjani Anandh, P. Wilson, Senior Counsel for Richardson Wilson, E. Manoharan, Advocates.

JUDGMENT

(Prayer: W.P.No.18430 of 2023:Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring Regulation 9(4) of the Postgraduate Medical Education Regulations, 2000 as illegitimate, illegal and ultra vires the National Medical Commission Act 2019 and the Constitution of India insofar as it permits State Governments to provide incentives to in-service candidates participating in the Open Category of Post Graduate Medical Admission Counselling.

W.P.No.18431 of 2023: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the 2nd respondent contained in G.O.(Ms.) No.463, dated 07.11.2020 and to quash the same as arbitrary, unjust, illegal and ultra vires Regulation 9(4) of the Post Graduate Medical Education Regulations, 2000 and the Constitution of India and to direct the 2nd respondent to treat “in service” and “non-service” candidates on par in making admissions to Post Graduate Degree seats in Tamil Nadu Government Medical Colleges an

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