W.P.(MD).No.

6026 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH

W.P.(MD)No.6026 of 2025

A.Jeyapriya ... Petitioner

-vs-

1. The Principal,
Jainey Nursing School,
Theni Main Road,
Aathupatti Pirivu,
Veerakkal Post, N.Panjampatti Post,
Dindigul - 624 303.

2. The Indian Nursing Council,

8th Floor, NBCC Centre Okhla,
Phase - I, New Delhi - 110020.

3. The Tamilnadu Nurses and Midwives Council,

Old No.140,
Registrar Jeyaprakash Narayaran Maligai,
50, Santhom High Road,
Pattinapakkam,
Kuilthopu, Mylapore,
Chennai - 600 004. ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to

issue a Writ of Mandamus directing the respondents 1 and 2 to direct the 3rd
respondent to return the petitioner's all Original Certificates S.S.L.C. Mark
Sheet, H.S.C.Mark Sheet, Community Certificate, Diploma in General
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 W.P.(MD).No.6026 of 2025

Nursing and Midwifery, Transfer Certificate, Course Completion Certificate

expeditiously within a stipulated time and to consider the petitioner's petition
dated 02.12.2024.

For Petitioner : Mr.S.Samuel James Devasagayam

For Respondents : Mr.R.Murali (R2)

ORDER

This writ petition has been filed seeking a direction to the respondents

1 and 2 to direct the 3rd respondent to return the petitioner's all Original

Certificates of S.S.L.C. Mark Sheet, H.S.C.Mark Sheet, Community

Certificate, Diploma in General Nursing and Midwifery, Transfer Certificate,

Course Completion Certificate expeditiously within a stipulated time and to

consider the petitioner's petition dated 02.12.2024.

2. By consent of both parties, this writ petition is disposed at the stage

of admission itself. Since no adverse order is going to be passed against the

respondents 1 and 3, notice to them is dispensed with.

3. The petitioner made a representation dated 02.12.2024 to the

respondents, with regard to return all the petitioner's Original Certificates of

S.S.L.C. Mark Sheet, H.S.C.Mark Sheet, Community Certificate, Diploma in

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 W.P.(MD).No.6026 of 2025

General Nursing and Midwifery, Transfer Certificate, Course Completion

Certificate. Since the said representation was not considered, the petitioner

has filed the present Writ Petition.

4. It is needless to point out that whenever a representation of this

nature is made to a Statutory Authority, there is a duty cast upon him to

consider the same on its own merits and pass appropriate orders in one way or

other, instead of keeping the same pending indefinitely. As such, non-

consideration of the representation by the Statutory Authority would amount

to dereliction of duty and hence, this Court will be justified in invoking its

extraordinary powers under Article 226 of the Constitution of India and direct

them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the

third respondent to consider the petitioner's representation dated 02.12.2024,

on its own merits and pass appropriate orders in accordance with law, within

a period of two months from the date of receipt of a copy of this order. It is

also made clear that this Court has not expressed any of its views with regard

to the merits of the matter and that it is open to the respondents to consider

the same on its own merits.

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 W.P.(MD).No.6026 of 2025

6. With the above observations and directions, the Writ Petition stands

disposed of. There shall be no order as to costs.

11.03.2025
NCC : Yes/No
Index : Yes / No
sm

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 W.P.(MD).No.6026 of 2025

TO:-

1. The Tamilnadu Nurses and Midwives Council,

Old No.140,
Registrar Jeyaprakash Narayaran Maligai,
50, Santhom High Road,
Pattinapakkam,
Kuilthopu, Mylapore,
Chennai - 600 004.

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 W.P.(MD).No.6026 of 2025

VIVEK KUMAR SINGH, J.

sm

Order made in
W.P.(MD)No.6026 of 2025

Dated:
11.03.2025

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