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Judgment
R. Sudhakar, J.—The Writ Petition has been filed for a writ ofcertiorarified mandamus calling for records connected withthe Clause 29 of the prospectus issued by the firstRespondent for the admission to Post Graduate degree/Diploma/M Ds/ 5 year M. Ch (Neuro-Surgery) courses for theyear 2008-2009 and quash the same and further direct theRespondents to permit the members of the Petitioner Unionfor getting their answer sheets rechecked/revalued/retotalled and to provide answer keys on necessary paymentof required fees for that purpose within reasonable time asfixed by by the Respondents.
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 WLR 389 (Thamilaga Asiriyar Koottani v. The Government of Tamil Nadu and 19 others), which is clearly held in paragraph 15 as follows:
In our opinion, if anyeducational institution or Head Master orTeacher is aggrieved by the impugnedG.O. Ms. No. 13 dated 09.02.2005 they canfile a Writ Petition in this Courtchallenging the same, but the Appellant association had no locus standi in thematter. It cannot be said that theeducational institutions or Head Mastersare so poor that they are unable toapproach this Court. If any particulareducational institution or Head Masterhas a grievance against the impugnedG.O. Ms. No. 13 dated 09.02.2005 it is forsuch person to file a Writ Petition orWrit Appeal, and not for any association.The writ appeal is dismissed on theground of lack of locus standi. The WritPetition is dismissed for the samereason.W.A.M.P. No. 1384 of 2005 isdismissed.
The same ratio will apply to the present case inrespect of doctors. Therefore, the Writ Petition is notmaintainable by the Association. Therefore, this Courtfind no justification for considering this Writ Petitionfiled by the Association on merits.
Furthermore, Clause 29 of the prospectus issuedfor admission to Post Graduate degree/Diploma/M Ds/ 5 yearM. Ch (Neuro-Surgery) courses for the year 2008-2009 issuedby the Government of Tamil Nadu is under challenge. Clause29 of the prospectus reads as follows:
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 SchoolEducation and Collegiate Education permits answer book forrechecking, revaluation and retotalling on payment of feeswithin a reasonable time and therefore, there is violationof Article 14 of the Constitution of India. This plea cannot be countenanced as the course for which theprospectus is issued is totally different from that ofSchool and Collegiate Education. The candidates applyingfor aforementioned courses are already holders of basicdegree of MBBS. Therefore, the plea of violation of Article 14 of the Constitution of India cannot be pressedin this case as the candidates who applied for the abovesaid course cannot be equated to school students orcollegiate students. Unequals cannot be treated equally.
As rightly pointed out by Mrs. Dakshayini Reddy,learned Government Advocate, the prospectus has been issuedfor the year 2008-2009 and that period is already over. Therefore, there will be no purpose in interfering with theprospectus of the period which has already come to an end.
No cause of action has been pointed out in theWrit Petition by any individual who is aggrieved exceptstating that the association is filing the Writ Petitionbecause the members of the association are old andtherefore Clause 29 of the prospectus has to be removed. This plea does not justify the Writ Petition by theassociation.
For all the above stated reasons, the Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs.