Admission capacity is to be fixed by Central Government.

(PRAYER in WP.4535 of 2004: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing respondents 2 and 3 therein to enroll the following 35 students, viz., K.Samraj, B.Vikesh, K.Sivasankari, S.Sharmial Priya, B.Kalpa, A.Silambarasan, N.Vithya Vani, R.Susila, M.Gnanasundari, E.Suganya, S.Sharmila, D.Deepa, S.Umadevi, R.Saranya, M.S.Rajmohan, G.Suganya, P.Arunmozhi, V.Aruljothi, S.Suganya, R.Jeeva Gladys, S.Sathya, S.Jamunarani, P.Sankarananth, N.Kayalvizhi, S.Hariharan, S.Radha, P.Mangala Sudar, S.Vengatesan, M.Ananthu, K.Saranya, P.Kanimozhi, K.Shobana, K.Sripriya, J.Carl Lewis and A.Manjari admitted to the BSMS Course in the Velumailu Siddha Medical College, Sriperumbudur during the Academic Year 2003-2004 and pass such further orders.

PRAYER in WP.276 of 2005: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned proceedings of the fourth respondent in Rc.No.4143/Affln.II(2)/00, dated 08.11.2004, quash the same and direct the fourth respondent to enroll and register the names of the following 39 students, viz.,1) Kaviarasi, K. 2) Hemalatha, A., 3) Balamurugan, S. 4) Tamil Selvi, N. 5) Chitra, S. 6) Barakath, J. 7) Uma Maheswari, K. 8) Kishore, G. 9) Velmurugan, P. 10) Arun Shankar, M. 11) Thiruvarul Kamala Arumugam P.S. 12) Banurekha, B. 13) Keerthiya, M. 14) Niranjana, N. 15) P.Santhya 16) E.Sujitha 17) M.Deepa 18) M.Saranya 19) S.Kamalakannan 20) J.Padmavathi 21) A.Poobathi Pandian 22) R.Rasa Kumar 23) R.Mangaleswaran 24) D.Beula 25) Teinkle Pon Seenu 26) S.Vinoth Ram Prasad 27) J.Malathi 28) R.Porchelvi 29) M.Mahalakshmi 30) P.Ranjani 31) R.Ramesh Kumar 32) S.Jaseema Parveen 33) M.Vignesh 34) M.Balaji 35) R.Parthiban 36) G.Sunil Kumar 37) T.Valarmathi 38) S.Jansi Rani and 39) M.Swarna admitted to the 1st Year BSMS Course in Velumailu Siddha Medical College, Sriperumbudur for the Academic Year 2004-2005 and pass such further orders.)

These petitions by Dharma Medical Research and Charitable Trust (hereinafter referred as to as “the Trust”) relate to admissions to its Siddha Medical College at Sriperumbudur in Kancheepuram District. By G.O.Ms.No.24 of the State Government, Health and Family Welfare Department dated 01.02.2000, the Trust was permitted to start the said Siddha Medical College in the name “Velumailu Siddha Medical College” subject to certain conditions. The number of admission was fixed as 30 students per year. One of the conditions prescribed was to obtain prior approval of the Central Council of Indian Medicine, New Delhi (hereinafter referred to as “the Central Council”). The Central Council vide letter dated 31.07.2001 granted approval to the Trust to start BSMS Degree Course from the Academic Year 2001-2002, subject to affiliation from the University and permission of the State Government, and fixed the intake capacity as 30 students. The Tamil Nadu Dr.MGR Medical University, Chennai, the second respondent in W.P.No.4535/04 vide its letter dated 31.08.2001, granted provisional affiliation for the Trust for starting BSMS Degree Course from the Academic Year 2001-2002 with an intake of 30 students.

2. On 09.05.2002, the Visitors of the Central Council carried out an inspection of the petitioner institution to assess the available facilities for teaching and practical training at the institution and granted permission for conducting BSMS degree course with an intake capacity of 40 students for the Academic Year 2002-2003 vide its letter dated 01.08.2002, and also granted permission subsequently for the Academic Year 2003-2004 vide letter dated 18.7.2003, subject to permission of State Government and affiliation from the University. As against the intake of 40 students, the Trust admitted 35 students during the Academic Year 2002-2003 and 39 students during the Academic Year 2003-2004. The Tamil Nadu Dr.MGR University refused to register more t