Postpone of mbbs counseling case 10.5% case Petitioner withdraws plea as Justice M Dhandapani warned of imposing Rs 1 lakh as cost.

#MadrasHC censures a petitoner for approaching the court to postpone admissions to #MBBS #BDS courses in TN govt medical colleges till the Supreme Court decides appeal against order quashing 10.5% reservation for #Vanniyars

MEMORANDUM OF WRIT PETITION

(FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA)

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

 

W.P.No.                                 1395                                                  of 2022

 

Kaveri Vaiyapuri,

S/o.Vaiyapuri,

3/212, Moolakadai,

A.Thazhiyur Village,

Vellayampalayam Post- 637 103,

Sankari Taluk,

Salem District.                                                                                                                                                                                                             …Petitioner

 

-Versus-

  1. The Secretary to Government,

BC, MBC and Minorities Welfare Department,  Secretariate,  Chennai – 600 009.

 

  1. The Secretary to Government,

Medical Department,  Secretariat,  Chennai – 600 009.

 

  1. The Secretary to Government,

Law Department,

Secretariat,

Chennai – 600 009.

 

  1. The Secretary,

Selection Committee,

Directorate of Medical Education,

162, Periyar EVR HighRoad,

Kilpauk,

Chennai – 600 010.

 

  1. The Chairman,

The Tamil Nadu Backward Classes Commission,

Mylapore,

Chennai – 600 004.                                                …Respondents -02-

WRIT PETITION

The Address for the service to the petitioner is that of his counsels

M/s.R.MARUDHACHALAMURTHY, A. YOGARAJ & B. VIGNESH,

Advocates, No.7 Dev Apartment, 11 Malaviya Avenue, Thiruvanmiyur, Chennai – 600 041.

 

The Address for the service to the respondents is that of the same as mentioned above.

 

For the reasons stated in the accompanying affidavit, the petitioner most humbly prays that this Hon’ble Court may be pleased to to issue writ, order or direction specifically writ in the nature of WRIT OF MANDAMUS, issue direction directing the respondents to postpone the admission process to MBBS/BDS Degree courses in Tamil Nadu Government Medical/Dental Colleges, Government Seats in Self Financing Medical / Dental Colleges and ESIC medical college and PGIMSR, K.K.Nagar, Chennai affiliated to the Tamil Nadu Dr.M.G.R.Medical University 2021-2022 session by considering petitioner representation dated 03.01.2022 and pass such further or other orders as this Hon’ble Court may deem fit and proper on the circumstances of the case and thus render justice.

 

 

Dated at Chennai on this the 19th day of January 2022.

 

 

COUNSEL FOR PETITIONER

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

 

W.P.No.                                                                                 of 2022

 

Kaveri Vaiyapuri,

S/o.Vaiyapuri,

3/212, Moolakadai,

A.Thazhiyur Village,

Vellayampalayam Post- 637 103,

Sankari Taluk,

Salem District.                                                                                                                                                                                                             …Petitioner

 

-Versus-

  1. The Secretary to Government,

BC, MBC and Minorities Welfare Department,  Secretariate,  Chennai – 600 009.

 

  1. The Secretary to Government,

Medical Department,  Secretariat,  Chennai – 600 009.

 

  1. The Secretary to Government,

Law Department,

Secretariat,

Chennai – 600 009.

 

  1. The Secretary,

Selection Committee,

Directorate of Medical Education,

162, Periyar EVR HighRoad,

Kilpauk,

Chennai – 600 010.

 

  1. The Chairman,

The Tamil Nadu Backward Classes Commission,

Mylapore,

Chennai – 600 004.                                                                                                                                 …Respondents

 

Page No.1

Corrns:Nil

 

 

-02-

AFFIDAVIT OF KAVERI VAIYAPURI

 

I, Kaveri Vaiyapuri, son of Vaiyapuri, Hindu, Male, aged about   71 years, residing at No.3/212, Moolaikadai, A.Thazhiyur Village, Vellayampalayam Post- 637103, Sankari Taluk, Salem District, temporarily come down to Edappadi, do herein solemnly affirm and sincerely state as follows:-

 

  1. I am the petitioner herein and as such I am well acquainted with the facts and circumstances of the case.

 

  1. I submit that due to the persistent demand from the most Backward community, the Government of Tamil Nadu sought report from the 5th respondent in order to provide initial reservation within the quota of 20%. In turn the 5th respondent through his communication dated 22.02.2021 has suggested to the Government to sub divide the group of MBCs into three categories namely; Vanniarkula Shathriya Communities, De-notified Communities and Most Backward Classes.

 

  1. Based on the recommendation made by the 5th respondent the State Government has enacted “Tamil Nadu Special Reservation of Seats in Educational Institutions including Private Educational Institutions and of appointment or posts in the services under the State within the Reservation for the Most Backward Classes and De-notified Communities Act 2021 (Act 8 of 2021) on 26.02.2021”. The said enactment was under challenged in Writ Petition No.7765 of 2021 and other writ petitions also filed before this Hon’ble Court and the same was considered and allowed by this Hon’ble Court and thereby declared the above said enactment of law is ultra-virus to the provisions of the Constitution of India.

Page No.2

Corrns:Nil

-03-

  1. I respectfully submit that the order passed in W.P.No.7765 of 2021 by Madurai Bench of this Hon’ble Court dated 01.11.2021 is under challenge in S.L.P.(Civil) No.19582, 19378, 19916, 19776, 19658, 19401, 19683, 20167, 21069 & 30552 of 2021 before Hon’ble Supreme Court of India, out of above said SLPs the SLP No.21069 of 2021 (Diary No.30051 of 2021) is filed by me to challenge the common order passed by this Hon’ble Court in W.P.No.7765 of 2021 dated 01.11.2021 and the same was listed for admission as item No.7 in Court Hall No.5 on 16.12.2021. The Hon’ble Apex Court on the date of admission has passed the following order.

“Permission to file petition is granted in Diary Nos. 30051/2021 and 36552/2021.

Issue Notice returnable on 15.02.2022.

In the meanwhile, Mr. Varun K. Chopra along with Mr.D. Kumanan and Mr.M.P. Parthiban, learned counsel are requested to prepare a compilation including written notes of submissions of the learned counsel for the parties on both sides. The compilation shall be circulated on or before 10.02.2022.  In view of the importance of the matters and the implications on large number of students and on appointments to be made to public posts, we make it clear that no adjournment shall be granted.

In the meanwhile, the interim order passed by the High Court on 25.08.2021 shall continue.

We make it clear that the admissions and appointments that are already made shall not be disturbed till the matter is heard finally. No further admissions and appointments shall be made till

15.02.2022.”

Page No.3

Corrns:Nil

-04-

  1. It is relevant to point out the State Government has also challenged the order passed in W.P.No.7765 of 2021 and in such circumstances the above order passed by the Hon’ble Apex Court dated 16.12.2021 is well award to the respondents herein and thereby they have known that the matter is listed before Hon’ble Apex Court for final disposal of 15.02.2022. When the facts are being thus, the 4th respondent has all of sudden issued prospectus for admission to MBBS/ BDS degree courses in Tamil Nadu Government/ Dental Colleges 2021-2022 session.

 

  1. Immediately after knowing the same, I approached the respondents as in person and requested to postpone the admission process after 15.02.2022 or till the outcome of verdict in the Hon’ble Apex Court in the pending Special Leave Petitions in S.L.P.(Civil) No.19582, 19378, 19916, 19776, 19658, 19401, 19683, 20167, 21069 & 30552 of 2021. After my above request to the respondents, I was under the impression that they will postpone the admission process till the outcome of result from the pending cases stated supra before Hon’ble Apex Court. However, without considering my request they continued the process of selection as per the prospectus issued by the respondents herein.

 

  1. Aggrieved on the respondents’ act of continuing the admission process, made me to sent my detailed representation to the respondents herein as well as to the Chief Secretary to the Government on 03.01.2022 with request to postpone admission process to MBBS/BDS courses, however as of now neither they have postponed nor dispose my representation for the reason best known to them.

Page No.4

Corrns:Nil.

 

-05-

  1. I respectfully submit that there is a fair chance to succeed in the appeal filed in above SLPs before Hon’ble Apex Court and in case of succeed in the above appeal the percentage of 10.5 will be considered as per the enactment “Tamil Nadu Special Reservation of Seats in Educational Institutions including Private Educational Institutions and of appointment or posts in the services under the State within the Reservation for the Most Backward Classes and De-notified Communities Act 2021 (Act 8 of 2021) on 26.02.2021”. Before that the present admission process allowed to go on, there will be serious prejudice would cause.

 

  1. In such circumstances I have left with no other alternative, effective and efficacious remedy except to invoke the extraordinary of this Hon’ble Court under Article 226 of Constitution of India. I have not filed any writ, suit or appeal before this Hon’ble Court or any other court or authority regarding the subject matter of the present writ petition.

 

It is therefore most humbly prayed that this Hon’ble Court may kindly be pleased to issue writ, order or direction specifically writ in the nature of WRIT OF MANDAMUS, issue direction directing the respondents to postpone the admission process to MBBS/BDS Degree courses in Tamil Nadu Government Medical/Dental Colleges, Government Seats in Self Financing Medical / Dental Colleges and ESIC medical college and PGIMSR, K.K.Nagar, Chennai affiliated to the Tamil Nadu Dr.M.G.R.Medical University 2021-2022 session by considering petitioner representation dated 03.01.2022 and thus render justice.

 

Solemnly affirmed at Edappadi                     Before Me on this the    day of January 2022 and the contents has been explained into tamil and he understood and put his signature in my presence.             Advocate, Edappadi

Page No. 5 & Last

Corrns:Nil

SALEM  DISTRICT

 

HIGH COURT MADRAS

 

 

W.P.No. 1395  OF 2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WRIT PETITION

 

 

 

 

 

 

 

 

 

 

M/s.R.MARUDHACHALAMURTY

Enroll  No.242/2000

A.YOGARAJ, Enroll No.1641/2014

B.VIGNESH, Enroll No.3473/2018

Cell No. 9444170272

COUNSEL FOR ETITIONER

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