The main legal point established in the judgment is the determination of the control of the Government over a medical college and its implications on the selection and admission of service candidates for PG Diploma/Degree/MDS courses.

(Appeals against the order of the learned single Judges, dated 10.01.1996 and 05.07.2006, made in W.P. Nos.9106 of 1995 and 20916 of 2006.

W.P. No.4681 of 1997 filed under Article 226 of the Constitution of India for the issuance of a writ of mandamus, directing the respondents to select and admit the members of the petitioner association treating them as service candidates for PG Degree/Diploma/MDS Courses respectively from the academic year 1997-98 onwards provided they satisfy other requirements of selection.)

Common Judgment:

P. Sathasivam, J.

Writ Appeal No.271 of 1996 is by the Director of Medical Education; Health Department, Government of Tamil Nadu; and the P.G. Selection Committee, Kilpauk Medical College Hospital; as against the order of a learned single Judge, dated 10.01.1996, made in WP No.9106 of 1995, in and by which, the learned Judge, after finding that Perundurai Medical College (in short PMC) is one which is to be considered for the purpose of admission as a college coming under the control of the State Government, allowed the Writ Petition.

2. Aggrieved by the order of another learned single Judge, dated 05.07.2006, made in WP No.20916 of 2006, R-5 therein, viz., Prabakaran, has filed W.A. No.924 of 2006. Health and Family Welfare Department, Government of Tamil Nadu; the Selection Committee for Higher Speciality Courses, Kilpauk, Chennai-10; and the Director of Medical Education, Chennai-10, have filed WA No.1009 of 2006. The Dean, Perundurai Medical College, Erode, has filed W.A. No.1026 of 2006.

3. The Institute of Road Transport, Perundurai Medical College and Hospital Doctors and Teaching Staff Association, through its President, filed WP No.4681 of 1997, seeking for the issuance of a writ of mandamus, directing the respondents to select and admit the members of the petitioner association treating them as service candidates for PG Degree/Diploma/MDS courses respectively from the academic year 1997-98 onwards provided they satisfy other requirements of selection.

4. Since the issue involved in these matters is one and the same, they are being disposed of by the following common Judgment.

5. Brief facts relating to the filing of WA No.271 of 1996 are as follows:-

One Dr.M.Elango filed W.P. No.9106 of 1995 seeking for the issuance of a writ of certiorarified mandamus to call for the records relating to the selection of candidates under Service Quota for admission to the Post Graduate Degree Course in M.S. Opthalmology, quash the selection of such open and Backward class service candidates, who have obtained marks less than 64.15 in the entrance examination, and direct the respondents to admit the writ petitioner who had secured 64.15 marks in the resultant vacancies. According to Dr.Elango, he belongs to Backward Class and is a Doctor possessing MBBS Degree. He was appointed as a Tutor in the Institute of Road Transport (IRT), Perundurai Medical College and Hospital. According to him, the said Institute had been set up by the Government of Tamil Nadu in 1976 for conducting research, Managerial and Supervisory training. The State Transport Corporations (STCs) undertakings of the Government of Tamil Nadu are contributing for the maintenance of the IRT. He pointed out that in 1983, the Government, in the Assembly, announced that a college to impart professional courses would be started and managed by the IRT for the benefit of the children of the employees of the STCs and for the said purpose, the STC would contribute out of their earnings and a matching contribution would be made from the workers' welfare fund. The employees of the STCs represented to the Government to start a Medical College for the benefit of their children. For the purpose of starting a Medical College at Perundurai, Ramalingam Tuberculosis Sanatorium, Perundurai, was taken over by the Government along with its buildings and other infrastructural facilities and handed over to the I.R.T. to start the Medical College. The Director of