THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.No.11516 of 2016
and W.M.P.No.9947 of 2016
S.Murugan Chairman, Mayuri Educational Trust Cuddalore 5/3 Judge Bungalow Road Cuddalore - 607 001. ... PETITIONER Vs
1. The Principal Secretary to Government Health and Family Welfare Department Secretariat, Fort st. George, Chennai - 600 009.
2. The Director of Medical Education Chennai - 600 010. ... RESPONDENTS
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the Respondents to pass orders on the proposal and application of Mayuri Educational Trust dated 11.03.2014 permitting the said Trust to start financing two year Diploma Course in Laboratory Technology called DMLT (Diploma in Medical Laboratory Technology) Course in its Mayor Radhakrishnan Institute of Para Medical Sciences at Komangalam in Vriddachalam Taluk in Cuddalore District in the academic year 2016-2017 onwards on any condition.
For Petitioner : Prof.S.Krishnaswamy For Respondents : Mr.P.Sanjay Gandhi Additional Government Pleader O R D E R The petitioner Trust applied to the respondents for starting self-financing two year Diploma Course in Laboratory Technology called “DMLT” course in its Mayor Radhakrishnan Institute of Para Medical Sciences at Komangalam in Vriddachalam Taluk in Cuddalore District for the academic year 2016-17. Even though the said application was received by the respondent, so far no order has been passed. Therefore, the petitioner has come before this court seeking a direction to the respondents to pass orders on the petitioner's application dated 11.03.2014.
2. Mr.S.Krishnaswamy, learned counsel appearing for the petitioner would submit that even though the application dated 11.03.2014 was received by the respondent, so far no order has been passed.
3. However, Mr.P.Sanjay Gandhi, learned Additional Government Pleader appearing for the respondent would submit that if fresh proposal is filed by the petitioner, the same would be considered and appropriate orders would be passed regarding starting of the self financing course for the year 2017 - 2018.
4. From the above submission, it is evident that based on the application made by the petitioner, inspection was conducted by respondent and a report dated 19.03.2015 also been filed by Inspection Committee to the respondent and no deficiency has been noted. Since the time for starting self-financing course for the year 2016 - 2017 is already over, the petitioner has to file a proposal alone to the respondent to enable them consider same and pass appropriate orders regarding starting of self financing course for the year 2017 – 2018. Therefore, the petitioner is directed to file a fresh proposal to the respondent, within a period two (2) weeks from today. On such receipt, the respondents are directed to consider the said proposal of the petitioner, based on the inspection report already filed and take appropriate decision, within a period of four (4) weeks thereafter.
5. This Writ Petition is disposed with above direction. No costs.
Consequently, connected miscellaneous petition is closed.
6. Call the matter for compliance during first week of June 2017.
24.03.2017 Index : Yes / No Speaking/Non-speaking order rsi/rgr Note: Issue order copy by 28.03.2017 N. KIRUBAKARAN. J, rsi/rgr To
1. The Principal Secretary to Government Health and Family Welfare Department Secretariat, Fort st. George, Chennai - 600 009.
2. The Director of Medical Education Chennai - 600 010.
W.P.No.11516 of 2016 24.03.2017 http://www.judis.nic.in