1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2010 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA AND THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.A. (MD) No.197 of 2011 & M.P. (MD) No.1 of 2011 The Chairman Austin Memorial Charitable & Educational Trust Kuzhithurai, Annammal Hospital Campus Kuzhithurai 629 163 Kanyakumari District Appellant/Petitioner vs. 1 The Union of India represented by its Secretary Department of Health Central Secretariat New Delhi 2 The Indian Nursing Council represented by its Secretary Combined Council Building Kotla Road, Temple Lane New Delhi 110 002 3 The Tamil Nadu Nurses and Midwives Council represented by its Registrar Jayaprakash Narayanan Maligai 140 Santhome High Road Mylapore, Chennai 600 004 4 The State of Tamil Nadu represented by its Secretary Department of Health and Family Welfare Fort St. George, Chennai 600 009 5 The Tamil Nadu Dr. M.G.R. Medical University represented by its Registrar Post Box No.1200, No.69, Anna Salai Guindy, Chennai 600 032 Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters patent challenging the order dated 28.01.2011 passed in W.P. (MD) No.3815 of 2010. Prayer in WP(MD)No.3815 of 2010:- Petition under Article 226 of the Constitution of India praying to issue of a Writ of certiorarified mandamus, calling for the records relating to the impugned proceedings issued by the 5th respondent Medical https://hcservices.ecourts.gov.in/hcservices/ 2 University in Rc.No.Affln.II(3)/19584/09 dated 11.01.2010, refusing to register the admission of 10 additional students made in the petitioner college (name list annexed) quash the same and further direct the 5th respondent Medical University to register forthwith the said 10 additional students and allow them to take the periodical examinations. For appellant Mr. Isaac Mohanlal For R5 Mr. C. Karthik JUDGMENT (Judgment of the Court was delivered by K. SUGUNA, J.) This writ appeal is filed challenging the order dated 28.01.2011 passed in W.P. (MD) No.3815 of 2010. 2. The above said writ petition was filed with the following prayer: "Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus, calling for the records relating to the impugned proceedings issued by the 5th respondent Medical University in Rc.No.Affln.II(3)/19584/09 dated 11.01.2010, refusing to register the admission of 10 additional students made in the petitioner college (name list annexed) quash the same and further direct the fifth respondent Medical University to register forthwith the said 10 additional students and allow them to take the periodical examinations." 3. Today, when the matter has been taken up, it has been brought to the notice of this Court by the learned counsel for the fifth respondent University that already, based on the Deed of Indemnity and Undertaking dated 07.03.2011 given by the appellant/writ petitioner, the order dated 30.03.2011 was passed by the fifth respondent University which reads as under: "Sub:Affiliation – The Tamil Nadu Dr. M.G.R. Medical University, Chennai – Allied Health Sciences – Nursing – B.Sc. (N) Degree Course – Annamalai College of Nursing, Kuzhithurai – Request for regularising 9 (nine) excess admissions made in B.Sc. (N) degree course during the academic year 2009-2010 – Regarding. Ref:Your Letter No.31/ACN/2011, dt. 4.3.2011 along with corrected & attested Indemnity cum Undertaking Bond. ----- With reference to your letter cited, I am to inform that, based on the Deed of Indemnity and Undertaking given, the Principal, Annammal College of Nursing, Kuzhithurai is permitted to adjust the excess admission of 9 (nine) students admitted in B.Sc. (N) Degree Course (during the academic year 2010-11 (6 seats) and 2011-12 (3 https://hcservices.ecourts.gov.in/hcservices/ 3 seats) in the management quota. Further, it is also informed that excess admissions in future will not be entertained and viewed very seriously." Besides, according to the learned counsel for the fifth respondent University, the appellant/writ petitioner had also paid a sum of Rs.2,25,000/- as penalty and in view of the same, nothing further survives for adjudication in this matter. This submission made by the learned counsel for the fifth respondent University is also conceded by the learned counsel for the appellant/writ petitioner. Recording the above submissions made by the learned counsel for the appellant/writ petitioner, this writ appeal is closed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To 1 The Secretary Department of Health The Union of India Central Secretariat, New Delhi 2 The Secretary The Indian Nursing Council Combined Council Building Kotla Road, Temple Lane, New Delhi 110 002 3 The Registrar The Tamil Nadu Nurses and Midwives Council Jayaprakash Narayanan Maligai 140 Santhome High Road Mylapore, Chennai 600 004 4 The Secretary Department of Health and Family Welfare Government of Tamil Nadu Fort St. George, Chennai 600 009 5 The Registrar The Tamil Nadu Dr. M.G.R. Medical University Post Box No.1200, No.69, Anna Salai Guindy, Chennai 600 032 + 1 cc to Mr.V.Karthick, Advocate, SR No.15412 + 1 cc to Mr.Isaac Mohanlal, Advocate, SR No.15682 + 1 cc to The Special Government Pleader, SR No.16265 W.A (MD) No.197 of 2011 27.04.2011 cad/RJ/10.6.11 3p/9c https://hcservices.ecourts.gov.in/hcservices/