State of Tamil Nadu, Represented by Secretary to Government, Health and Family Welfare Department v. M. Hemalatha
2024-07-03
C.KUMARAPPAN, S.M.SUBRAMANIAM
body2024
DigiLaw.ai
JUDGMENT : S.M.SUBRAMANIAM, J. Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 02.05.2017 made in WP.No.5314 of 2017 in respect of pay of Rs.1.00 crore to the Archaeological Survey of India for utilizing the same for Keezhadi excavation and allow the Writ Appeal. The writ appeals on hand have been instituted challenging the common order passed in batch of writ petitions on 02.05.2017. The writ petitions were instituted to appropriate 50% of the seats in the recognised Post Graduate degree, Diploma courses in respect of each speciality from the respondents-Medical Institutions formulating a methodology in the matter of sharing of seats between the Government and non-Government Medical Institutions to make admission on the basis of the merit list prepared by the State. The writ petitions are filed seeking identical or related reliefs and the Writ Court disposed of Writ Petitions by issuing certain directions regarding grant of admission to the Medical courses. 2. Mr.Abishek Jenasenan and the respective learned counsels appearing on behalf of the respondents would submit that the Regulations underwent many changes subsequent to the writ order impugned. The National Medical Commission has issued Regulations of the year 2023, which is prevailing and being adopted by the State and the Medical Institutions. Therefore, the directions issued in the writ order impugned lost its relevance on account of formulation of new Regulations by National Medial Commission during the year 2023. Thus, the question of implementation of the writ order impugned would not arise at all. 3. However, the appellant raised a concern that the Writ Court has awarded a cost of Rs.1.00 crore which is to be paid by the State Government to Archaeological survey of India for utilising the same for Keezhadi excavation and further the Medical Council of India is directed to pay Rs.1.00 crore to the Spastics Society of Tamil Nadu. We are of the considered opinion that on account of the new Regulations of the year 2023 issued by National Medical Commission, which is being implemented and prevailing as of now, payment of cost would not arise at all. Accordingly, we are inclined to set aside the cost awarded by the Writ Court in paragraph 95 (8) and (9). 4. Accordingly, all the Writ Appeals are disposed of. No costs.