Madras High Court Refuses to Lift Ban on Siddha College Renovation, Urges Relocation for Optimal Development

Chennai: The Madras High Court has dismissed a petition by the Tamil Nadu government seeking to modify a previous order that prohibited the demolition and construction of new buildings at the Government Siddha Medical College in Palayamkottai . The court emphasized the need for suitable infrastructure and location for promoting indigenous medicine, suggesting that funds would be better utilized by relocating the college or establishing the proposed Siddha University in areas rich in medicinal herbs, rather than investing further in the current inadequate premises.

The judgment, delivered by Justice B.Pugalendhi , arises from a modification petition filed by the state government against an earlier order dated December 15, 2020, in WP(MD)No.5149 of 2019. The 2020 order had restrained the government from demolishing existing structures and constructing new ones at the Palayamkottai college until a separate University for Indian Medicine was established.

Case Background: A College in Temporary Quarters

The Government Siddha Medical College at Palayamkottai holds historical significance as the first of its kind in India. Originally established in Courtallam , it was temporarily shifted to Palayamkottai in November 1964, operating out of an abandoned maternity ward. Decades later, this temporary arrangement persists.

The court noted that the current campus area (4.91 acres main + 1.67 acres annex) falls short of the minimum 5 acres required for a Siddha college with an intake capacity of 60-100 students, as mandated by the Indian Medicine Central Council (Minimum Standard Requirements of Siddha College and attached Hospitals) Regulations, 2013. The college, with 650 students (100 undergraduate, 60 postgraduate intake), lacks essential facilities like a herbal garden (requiring 2 acres), playground, and auditorium within the main campus. The college hostel is located 2 km away. The campus also faces acute water problems.

Concerns over lack of infrastructure date back to student agitations in 2004. Following this, the government mooted a proposal to establish a separate University for Indian Medicine and Homeopathy , even sanctioning posts in 2012 (G.O.Ms.No.38). However, little progress was made.

Previous Litigation and Court Directives

A former student filed a Public Interest Litigation (PIL) in 2014 (WP(MD)No.7582 of 2014) seeking the establishment of the proposed University. In 2016, a Division Bench, including Justice V. Ramasubramanian (as he then was), extensively discussed the historical significance and potential of indigenous medicine, citing examples of ancient surgical practices and modern applications like the RAN formulation for HIV/AIDS. The court directed the government to proceed with establishing the University as per the 2012 G.O., suggesting land at Chettikulam.

Despite this, the government attempted to renovate the existing Palayamkottai building, leading to the second PIL in 2019 (WP(MD)No.5149 of 2019) by the same former student, seeking to halt the renovation until the University was established. This resulted in the prohibition order in 2020, which the government sought to modify.

Government's Plea for Modification

The Additional Advocate General argued that the existing buildings are dilapidated and need demolition and renovation. Funds sanctioned earlier for infrastructure development (Rs. 5 Crore in 2012, additional Rs. 5 Crore in 2014, Rs. 1.7 Crore Centrally Sponsored Scheme) are lying idle due to the prohibition. The government contended that improving infrastructure at the existing college and establishing a separate University are distinct projects and one should not stall the other. They also highlighted recent steps towards establishing a Siddha Medical University near Chennai (G.O.Ms.No.93 dated 10.03.2022) and the Tamil Nadu Siddha Medical University Act, 2022, pending Governor's assent, as proof of commitment to the University project.

Court's Reasoning: Patronage, Space, and Location

Justice Pugalendhi , in the judgment, echoed the sentiments of the earlier bench regarding the lack of adequate patronage for indigenous medicine post-independence. The court noted the government's own admission in the 2014 PIL that the Palayamkottai campus was severely limited in space with no scope for expansion and could not comply with CCIM norms.

The court questioned the rationale behind spending more money on a site that is inherently inadequate and was initially intended only as a temporary location. It highlighted that the Administrative Block is a heritage building and cannot be demolished anyway.

Key Excerpt from the Judgment:

"Any further spending of money in the existing place would not serve the purpose for which the College was established. This System of Medicine emerged from the Western Ghats and the space originally identified at Courtallam has to be restored by utilizing the funds available for renovating the College. Decisions have to be taken in the interest of the Society at large, instead of the convenience of the Professors and Staff and therefore, we are not inclined to modify the earlier order dated 15.12.2020."

The court expressed concern that despite having a separate department since 1970 and a college since 1964, research in Siddha medicine has been minimal, hindering its international recognition. It pointed out the lack of significant publications from postgraduates and the reliance on ancient manuscripts rather than new inventions or clinical trials. Adequate infrastructure for curriculum and research is crucial, which the current Palayamkottai site evidently lacks.

Decision and Observations

While appreciating the government's initiative in bringing the Tamil Nadu Siddha Medical University Act, 2022, the court strongly suggested that the decision to establish the university near Chennai be reconsidered.

"We feel that the projects are often taken to Chennai for the convenience of the Administrators, rather than the requirements of the projects. Siddha medicine is basically of herbs, which would be available in plenty in forests."

The court proposed establishing the college/university in its original location at Courtallam , the place initially identified for the Siddha University at Chettikulam, or another suitable place near the Western Ghats ( Pothigaimalai , Athiri Hills, Palani Hills, Alagar Hills) where Siddha medicine blossomed and where necessary herbs are readily available. Such a location, the court opined, would provide sufficient space for regulatory requirements, medicinal plant gardens, research facilities, and future expansion, allowing the system to reach its full potential.

The court dismissed the modification petition, upholding the prohibition on renovation at the Palayamkottai campus. It suggested the existing campus could perhaps be utilized as a Siddha Hospital, but the college itself needs to be established at a location that truly meets the requirements for fostering research and development in indigenous medicine.