IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.M.P. in of 2021 in W.P. No.13384 of 2021 Dr.Thol Thirumavalavan, aged about 56 years,
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N THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.M.P. in of 2021
in
W.P. No.13384 of 2021
Dr.Thol Thirumavalavan, aged about 56 years,
S/o. Tholkappiyan,
No. R- 62, II Avenue,
TNHB Colony, Velacherry,
Chennai 600 042
… Petitioner / Proposed Party
Vs.
1. K. Nagarajan S/o. KaruppaiahNadar,
5038, Vika Flats, V Street, Ram Nagar North,
Madippakkam ,
Chennai 600 091
… Respondent / Petitioner
2. Union of India, Rep. by its Secretary,
Ministry of Health and Family Welfare
New Delhi – 110 011
3. State of Tamilnadu,
Rep. by its Principle Secretary to Government,
Health and Family Welfare (MCA –I) Department
Fort St. George, Chennai 600 009
…Respondents / Respondents
AFFIDAVIT OF THIRUMAVALAVAN
I, Dr. Thol.Thirumavalavan, aged about 56 years, S/o. Tholkappiyan, residing at No. R- 62, II Avenue, TNHB Colony, Velacherry, Chennai 600 042 and do hereby solemnly affirm and sincerely state as follows:-
1. I am the Petitioner in this Implead Petition and as such am well acquainted with the facts and circumstances of the case and as such am competent to swear this Affidavit.
2. I am the President of Viduthalai Chiruthaigal Katchi (VCK in short), a political party, which has been duly registered with the Election Commission. VCK has been formed with the object of protecting the rights and advancing the interests of the oppressed sections and scheduled Tribes. VCK has been actively involved in campaigns for social democracy, the elimination of untouchability, free and uniform education and for the abolition of caste, and the attainment of gender equality in tune with the vision of Dr. Ambedkar as enshrined in the Constitution of India. I am also an Advocate by profession.
3. I am the present Member of Parliament for Chidambaram Constituency. I am also interested in the betterment of Medical profession and quality of Health Education. Hence I seek to implead myself in the Writ Petition No. 13384/2021 opposing the above Writ Petition
4. The Government of Tamil Nadu has appointed the Committee to study the impact of NEET on students belonging to the Socially Backward Students and other issues involved in the NEET based admission process. I could understand that this Hon’ble Court has taken the Order of the Hon’ble Supreme Court in KaviyaNakkiran case dated 22.08.2017 and called upon the State Government to file Counter.
5. At the outset the facts and circumstances which gave an occasion to the said Order of the Apex Court is much different from the circumstances in which the Committee under Question in this Writ Petition has been appointed. Therefore the Writ Petitioner has higher responsibility in explaining how the Executive Order referred to in the said Order of the Apex Court can equate to the Impugned Order.
6. The Committee has been appointed under the Impugned G.O. to study the Impact of the NEET Based admission process on the Socially Backward Students. Admittedly the NEET has been thrust on the People of Tamil Nadu against the Popular Objections and the Unanimous will of the Tamil Nadu Legislature and therefore after this process has stayed in for a considerable time has to be reviewed to ascertained whether the apprehension of the people and the Educationist at the time of introduction of NEET has come true or the NEET has proved any good for the People of Tamil Nadu. It is the Right of the People of Tamil Nadu to be informed that is integral in Article 19 (1) ( a) of the Constitution of India. It is an established Rule that the Law is ever dynamic and the Static Law is a peril to Justice. The field realities in the Implementation of the Law have to be ascertained before it is allowed to continue.
7. With all my respect to the Apex Court, I submit that in my understanding its Order dated 22.08.2017 in Kaaviya Nakkiran case
will not have any relevance to the present case. The Work of the Commission appointed under the Impugned Order is to study the impact of the admission process based on NEET and it in no manner can be said to draw distinction or discrimination between the examinations conducted by various Boards.
8. Nothing in the said Order gives us a clue that it limits the State’s power to appoint a commission. I am advised to state that if such interpretation is made it shall be opposed to the doctrine of Harmonious Construction and would result in prejudice to the Independence of the Executive. It is established that the form of the Government in the Constitution of India is Federal and it is one among the basic Structure of our Constitution. The vital component of Federation is the separation of Powers between the Three Limbs of the State. It requires to be kept in mind that the Supreme Court has passed this Order conscious of this constitutional provision.
It is therefore prayed that this Hon’ble Court may be pleased to impleaded the Petitioner herein as a Party to the Writ Petition in W. P. No. 13384 of 2021 and thus render Justice.
Before Me
Solemnly affirmed at Chennai on
this the day of July, 2021 and
signed his name in my presence
Advocate Chennai
