P ILAMPARITHI Vs. UNION OF INDIA

JUDGEMENT

(1.) (Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of writ of Mandamus as stated therein. The prayer in W.P.No.92274 of 2005 is, for the issuance of writ of mandamus directing the first respondent to forward the application dated 19.11.2002, 27.10.2003, 29.6.2004 and 15.10.2004 submitted by the 5th respondent college, seeking for increase of one additional seat for evaluation to the third respondent under section 10(A) of the Medical Council of India Act and consequential further direction to the third respondent to evaluate as per the statutory provisions of section 10(A)(7) and to submit a recommendation to the first respondent in compliance with the order dated 22.10.2002 in W.P.No,31954 of 2002 within a specified time and further direction to the first respondent to issue a letter of indent for the increase of admission capacity of one seat in the 5th respondent college and consequential regularization of petitioner's admission to MBBS course. The prayer in W.P.No,29170 of 2007 is for the issuance of writ of mandamus directing the respondents to publish the result of the IV year M.B.B.S. Examination held during August 2007 with Registration No,52024325 and issue the mark sheet for first year, IInd year and IV year M.B.B.S. Course, so as to enable the petitioner to register for one year CRRI.) Common Order: The facts and issues involved in these writ petitions are interconnected and therefore, these writ petitions are disposed of by this common order.

(2.) IN W.P.No,9274 of 2005, the petitioner seeks for appropriate direction in the form of writ of mandamus directing the Ministry of Health and Family Welfare, Department of Health, Union of INdia, to forward the application submitted by the 5th respondent college namely PSG INstitute of Medical Sciences and Research, Coimbatore, seeking for increase of one additional seat for evaluation by the Medical Council of INdia, New Delhi in terms of the Medical Council of INdia Act and the consequential regularization of the petitioner's admission to MBBS course.

(3.) IN spite of the said order, no further marks were awarded and therefore, the petitioner once again filed W.P.No,4742 of 2002 and this Court vide order dated 12.3.2002, has allowed the writ petition and directed that the marks obtained in Biology subject should be 191 out of 200. IN the interregnum, the petitioner had already appeared in the entrance examination for admission to MBBS course for the academic year 2001-2002. After the orders passed in W.P.No,4742 of 2002, the marks were revised and therefore, the petitioner again approached the authorities for considering her case to MBBS course, even against payment seats.