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2024 Supreme(Online)(MAD) 26508

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.08.2024 CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.24225 of 2024 A.Vetrivel ... Petitioner Vs.

1. The Selection Committee, The Director of Medical Education, Kilpauk, Chennai – 600 010.

2. The Dean, Adhiparaksakthi Dental College & Hospital, Melmaruvathur, Tamilnadu – 603 319. ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to issue discontinuation certificate and consequently direct the 2nd respondent to return the original certificates and transfer certificate to the petitioner without insisting on the penalty fee.

For Petitioner : Mr.N.Subha For Respondents : Ms.N.Sneha for R1 Mr.A.S.Baalaji for R2

ORDER

This writ petition has been filed seeking to direct the respondents 1 and 2 to issue discontinuation certificate and consequently direct the 2nd respondent to return the original certificates and transfer certificate to the petitioner without insisting him to pay the penalty fee.

2. It is the case of the petitioner that he applied for BDS course for the.

academic year of 2022 – 2023. He has also completed his NEET and was provisionally allotted for a Government Quota seat in the second respondent Hospital. On 10.04.2022, the admission fees for the said course has been paid and his original certificates were also submitted to the second respondent. Since the petitioner was unable to arrange the tuition fees for the said course, he made a representation dated 02.08.2024 before the second respondent seeking discontinuation certificate and to return all the original certificates and transfer certificate to the petitioner without imposing any penalty fee. Since the same was not considered, the present petition has been filed.

3. Though very many grounds have been raised in the present writ petition, the learned counsel for the petitioner submitted that it would suffice if this Court issues a direction to the respondents 1 and 2 to consider the petitioner's representation dated 02.08.2024 and pass appropriate orders within the time frame that may be fixed by this Court.

4. Heard the learned counsel appearing for the respondents 1 and 2 has no objection for the said order being passed.

5. Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the respondents 1 and 2 to consider the petitioner's representation dated 02.08.2024 and pass appropriate orders on merits and in accordance with law and after affording an opportunity of hearing to the petitioner as well as the aggrieved persons if any within a period of four weeks from the date of receipt of a copy of this order.

6. This Writ Petition is accordingly disposed of. No costs.

19.08.2024 RAP Speaking Order/ Non Speaking Order : Yes / No Index: Yes/ No To

1. The Selection Committee, The Director of Medical Education, Kilpauk, Chennai – 600 010.

2. The Dean, Adhiparaksakthi Dental College & Hospital, Melmaruvathur, Tamilnadu – 603 319.

M.DHANDAPANI, J.

RAP

19.08.2024

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