G R RAVINDRANATH THE GENERAL SECRETARY DOCTORS ASSOCIATION FOR SOCIAL EQUALITY Vs. SECRETARY SELECTION COMMITTEE

JUDGEMENT

(1.) THE Writ Petition has been filed for a writ of certiorarified mandamus calling for records connected with the clause 29 of the prospectus issued by the first respondent for the admission to Post Graduate degree/ Diploma/MDs/ 5 year M.Ch (Neuro-Surgery) courses for the year 2008-2009 and quash the same and further direct the respondents to permit the members of the petitioner Union for getting their answer sheets rechecked/revalued/ retotalled and to provide answer keys on necessary payment of required fees for that purpose within reasonable time as fixed by by the respondents.

(2.) THE petitioner has filed this Writ Petition as General Secretary of Doctor's Association for Social Equality. THE Writ Petition has been filed on a common cause. At the outset, it has to be pointed out that the individual doctors, who are aggrieved by the prospectus, alone have to file the Writ Petition and the Writ Petition filed by the association cannot be maintained in view of the Division Bench judgment of this court reported in 2005 Writ Law Reporter 389 (Thamilaga Asiriyar Koottani ..vs.. THE Government of Tamil Nadu and 19 others), which is clearly held in paragraph 15 as follows: "15. In our opinion, if any educational institution or Head Master or Teacher is aggrieved by the impugned G.O.Ms.No.13 dated 09.02.2005 they can file a Writ Petition in this Court challenging the same, but the appellant - association had no locus standi in the matter. It cannot be said that the educational institutions or Head Masters are so poor that they are unable to approach this Court. If any particular educational institution or Head Master has a grievance against the impugned G.O.Ms.No.13 dated 09.02.2005 it is for such person to file a Writ Petition or Writ Appeal, and not for any association. THE writ appeal is dismissed on the ground of lack of locus standi. THE Writ Petition is dismissed for the same reason. W.A.M.P.No.1384 of 2005 is dismissed." THE same ratio will apply to the present case in respect of doctors. THErefore, the Writ Petition is not maintainable by the Association. THErefore, this Court find no justification for considering this Writ Petition filed by the Association on merits.

(3.) NO cause of action has been pointed out in the Writ Petition by any individual who is aggrieved except stating that the association is filing the Writ Petition because the members of the association are old and therefore clause 29 of the prospectus has to be removed. This plea does not justify the Writ Petition by the association.