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2023 Supreme(Online)(MAD) 20140

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.09.2023 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.27589 of 2023 and W.M.P.Nos.27039 to 27041 of 2023 K.R.Srinivasan ... Petitioner Vs

1. The Union of India, Represented by its Secretary, Ministry of Human Resource Development, “Shastri Bhavan”, New Delhi – 110001.

2. The Union of India, Represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi – 110001.

3. Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, Represented by its Additional Director General of Medical Education, Nirman Bhavan, Central Secretariat, New Delhi.

4. National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi – 110077.

5. The Registrar, Vinayaka Mission's Research Foundation, Sankari Main Road (ND-47), Ariyanoor, Salem – 636308.

6. The Secretary (Health), Department of Health and Family Welfare, Government of Puducherry, Chief Secretariat Puducherry – 605001.

7. The Under Secretary, Government of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi – 110001.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3, 5 & 7 to confirm the admission of the petitioner in the MBBS UG Course in the fifth respondent college through physical Verification, pursuant to the NEET UG counselling results dated 18.08.2023 and permit him to join duty/Class without insisting on immediate payment of the course fee to be paid by the petitioner and further fix a reasonable time for payment of fees by the petitioner in line with directives of the third respondent.

For Petitioner : Mrs.Thenmozhi Shivaperumal For Respondents : Mr.Venkataswamy Babu, Senior Panel Counsel (for R1 to R3 & R7)

Mrs.Shubaranjani Ananth (for R4)

Mr.P.Siva Prakash (for R5)

ORDER

This Writ Petition has been filed to direct the third, fifth and seventh respondents to confirm the admission of the petitioner in the MBBS UG Course in the fifth respondent/College through physical Verification, pursuant to the NEET UG counselling results dated 18.08.2023 and permit him to join duty/Classes without insisting on immediate payment of the course fee to be paid by the petitioner and further fix a reasonable time for payment of fees by the petitioner in line with the directives of the third respondent.

2. The petitioner applied for National Eligibility-cum-Entrance Test (NEET) UG exam and he had obtained All India Rank No.641716. He had secured 221 marks in the NEET UG examination. During the counselling conducted by the fourth respondent, the petitioner was allotted a seat in the MBBS course under the Management Quota in the fifth respondent/College in the first round and second round of the NEET UG Deemed University counselling, which was held on 09.08.2023 to

14.08.2023. The petitioner was given allotment by the fifth respondent on 18.08.2023. Since the petitioner could not raise funds within a short span of time, the petitioner failed to immediately report before the fifth respondent. After exploring all possibilities to raise funds, the petitioner visited the fifth respondent, but the fifth respondent refused to accept his physical reporting and did not make any verification of his original documents.

3. While ordering notice in this Writ Petition, this Court orally directed the third respondent to keep one post vacant for the MBBS UG course. In pursuant to the interim direction, the learned counsel for the fifth respondent/College submitted that the fifth respondent/College is ready to accommodate the petitioner and also willing to grant further time for payment of fees.

4. Considering the above facts and circumstances and the submissions made by either counsel, the petitioner is directed to appear for physical reporting on 30.09.2023 before the fifth respondent and comply with all the required documents except the payment of fees. On reporting, the fifth respondent shall admit the petitioner into the first year MBBS UG course and grant two months period of time for payment of first year MBBS UG fees. The third respondent is directed to include the petitioner name in the selected candidates portal.

5. With the above directions, this Writ Petition is disposed of.

Consequently, the connected Miscellaneous Petitions are closed. No costs.

29.09.2023 Index:Yes/No Neutral Citation/Yes/No kv Note: Issue order copy on 29.09.2023.

To

1. The Secretary, The Union of India, Ministry of Human Resource Development, “Shastri Bhavan”, New Delhi – 110001.

2. The Secretary, The Union of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi – 110001.

3. The Additional Director General of Medical Education,Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan, Central Secretariat, New Delhi.

4. The National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi – 110077.

5. The Registrar, Vinayaka Mission's Research Foundation, Sankari Main Road (ND-47), Ariyanoor, Salem – 636308.

6. The Secretary (Health), Department of Health and Family Welfare, Government of Puducherry, Chief Secretariat Puducherry – 605001.

7. The Under Secretary, Government of India, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi – 110001.

G.K.ILANTHIRAIYAN, J.

kv

29.09.2023

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