IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.11.2010 CORAM THE HON'BLE MR. JUSTICE R.SUDHAKAR WRIT PETITION NO.5523 OF 2008 AND M.P.NOS. 1 AND 2 OF 2008 DR.G.R. RAVINDRANATH THE GENERAL SECRETARY DOCTORS ASSOCIATION FOR SOCIAL EQUALITY (REGN. NO. 322/2004) NO.41, CHAVADI STREET, CHENNAI-43 PETITIONER Vs 1 THE SECRETARY SELECTION COMMITTEE NO. 162, EVR PERIYAR SALAI KILPAUK, CHENNAI-10 2 THE DIRECTOR DIRECTORATE OF MEDICL EDUCATION NO. 162 PERIYAR EVR HIGH ROAD KILPAUK, CHENNAI-10 3 THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, FORT ST. GEORGE, CHENNAI-9 RESPONDENTS Writ Petition is filed under Article 226 of the Constitution of India praying to issue 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. For Petitioner : M/s. C.Regurajan For Respondents 2 & 3 : Mrs. C.Dakshayini Reddy Government Advocate https://hcservices.ecourts.gov.in/hcservices/ O R D E R 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. Furthermore, clause 29 of the prospectus issued for admission to Post Graduate degree/Diploma/MDs/ 5 year M.Ch (Neuro- Surgery) courses for the year 2008-2009 issued by the Government of Tamil Nadu is under challenge. Clause 29 of the prospectus reads as follows:- https://hcservices.ecourts.gov.in/hcservices/ " 29. There will be no rechecking / revaluation / retotalling of answer sheets. Answer keys will not be provided." The main ground of challenge to this clause is that School Education and Collegiate Education permits answer book for rechecking, revaluation and retotalling on payment of fees within a reasonable time and therefore, there is violation of Article 14 of the Constitution of India. This plea cannot be countenanced as the course for which the prospectus is issued is totally different from that of School and Collegiate Education. The candidates applying for aforementioned courses are already holders of basic degree of MBBS. Therefore, the plea of violation of Article 14 of the Constitution of India cannot be pressed in this case as the candidates who applied for the above said course cannot be equated to school students or collegiate students. Unequals cannot be treated equally. 4. As rightly pointed out by Mrs.Dakshayini Reddy, learned Government Advocate, the prospectus has been issued for the year 2008-2009 and that period is already over. Therefore, there will be no purpose in interfering with the prospectus of the period which has already come to an end. 5. 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. 6. For all the above stated reasons, the Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar mra To 1 THE SECRETARY SELECTION COMMITTEE NO. 162, EVR PERIYAR SALAI KILPAUK, CHENNAI-10 https://hcservices.ecourts.gov.in/hcservices/ 2 THE DIRECTOR DIRECTORATE OF MEDICL EDUCATION NO. 162 PERIYAR EVR HIGH ROAD KILPAUK, CHENNAI-10 3 THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT, FORT ST. GEORGE, CHENNAI-9. 1 cc To Mr.C.Ragurajan, Advocate, SR.84148. 1 cc To The Government Pleader, SR.84281. Writ Petition No.5523 of 2008 and M.P.Nos. 1 and 2 of 2008 BS(CO) RVL 04.01.2011 https://hcservices.ecourts.gov.in/hcservices/