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2019 Supreme(Mad) 1345
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S. SUNDAR, J.
M. Rithika (Minor), Rep. by her Father & Guardian, R. Muthukumar – Appellant
Versus
The Medical Council of India, Rep. by its Secretary, New Delhi and Others – Respondents
W.P. Nos. 35853 of 2016, 17948 of 2017, W.M.P. Nos. 19477, 19478, 25896 of 2017
Decided On : 07-06-2019
Advocate Appeared:
S.N. Ravichandran, V.P. Raman, V. Annalakshmi, K. Prabakar, G. Rajagoplan, Sunitha Kumari.
Headnote:
India Medical Council Act, 1956 - Section 10D - Employees State Insurance Act, 1948 - Section 59(B) - Constitution of India,1950 - Article 14 and 226 - Challenge - Admission - College/Institute - Quashing of Order - Employees State Insurance Corporation (in short ESIC) released MBBS admission notification for seats exclusively for wards of Insured Persons in all ESIC Medical Colleges in country - Again Medical Council Committee released online notification regarding counseling for medical seats exclusively reserved for Insured Person Quota in ESIC Medical Colleges - Petitioner made a representation to respondents to cancel counseling or withdraw counseling notice issued by Director General Health Services Ministry of Health and Family Welfare Department restricting Counseling to wards of Insured Persons in ESIC Medical Colleges in country - In representation petitioner further requested second respondent to allow all NEET qualified candidates to register for quota earmarked for wards of Insured Persons in ESIC Medical Colleges - Thereafter petitioner filed second writ petition in to quash impugned notification issued by first respondent through their website and to permit petitioner to participate in online counseling process - Petitioner in both writ petitions contended that admission to medical seats shall be done by centralised counseling based on NEET All India Rank only and that providing reservation to Insured Person under ESIC or for wards of employees who have registered under Employees Insurance Scheme is illegal and contrary to orders of Honourable Supreme Court - It is further contended that a vertical reservation of exclusively for wards of Insured Person in ESIC Medical Colleges is in gross violation of Constitutional provisions - Issue whether reservation in matter of admission is permissible for wards of employees of institutions - Held, State has virtually provided for reservation of students of State Board after making of seats available to All India Quota - Division Bench has categorically that such a decision providing reservation is unconstitutional and in violation of Article 14 of Constitution of India - This Court is of view that this issue is no more res integra in view of categorical pronouncement of Honourable Supreme Court in several judgments - In case of University wherein Honourable Supreme Court considered scope of admitting of seats at discretion of management of medical college - Honourable Supreme Court categorically that there cannot be different eligibility rules for candidates admitted from different sources - There is no dispute that G.B. Pant University is aided and financed by State Government and University is an instrumentality of State - Any instrumentality of State cannot give preferential treatment to a class of persons without there being any justification for same - Reservation of seats for admission to B. Tech course in favour of sons and wards of employees of University is violative of doctrine of equality enshrined under Article 14 of Constitution - There is no rational for reservation of seats in favour of sons and wards of employees of University nor any such reservation has any rational nexus with object which is sought to be achieved by University - Writ Petitions Disposed of
Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records relating to the impugned allotment order of MBBS seat for the ESIC Medical Colleges under the insured persons Quota passed by the fourth respondent, on 23.09.2016 and quash the same as illegal and contrary to the Honourable Apex Court orders, dated 22.09.2016 in the Contempt Petition (C) No. 584 of 2016 in C.A. No. 4060 of 2009 for filing up the 2016-17 medical seats all over India and consequently to direct the fourth respondent to transfer the minimum of 20% seats meant for the Insured Person Quota in ESIC medical colleges to be filled up by conducting fresh counseling by the 2nd and 3rd respondents in accordance with NEET All India Rank holders merit list.
Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notification issued by the first respondent through their website www.mcc.nic.in dated 05.07.2017, and quash the same as illegal and contrary to the orders passed in U.P. Unaided Medical Colleges vs. Union of India, dated 15.09.2016 by the Honourable High Court of Judicature at Allahabad and further violating the Clause 6(iii) 2010 of the first respondent's notification, dated 21.12.2010 and consequently permit the petitioner to participate in the online counseling process.
1. These two writ petitions have been filed by the same petitioner. She appeared for the All India National Eligibility-cum-Entrance Test (in short NEET)-2017 conducted by the Central Board of School Education (CBSE) and she was declared as qualified. It is stated that she secured 71.96% with 223 marks and her General NEET All India rank is 207127.
2. It is the grievance of the petitioner that the fourth respondent has released the list of few candidates, who were selected in the reserved category, namely, wards of Insured Persons, known as ESIC Management quota. From the list of candidates, the petitioner would point out that the candidates, who were placed in lower rank than the petitioner, have been selected in the SC community reserved category, because of the selection process providing 20% reservation for Insured Persons of the fourth respondent. The petitioner, therefore, filed the first writ petition in W.P. No. 35853 of 2016 for issuance of Writ of Certiorarified Mandamus to quash the allotment of MBBS seats in the Employees' State Insurance Corporation Medical Colleges under the Insured Person Quota, by order, dated 22.09.2016 and to direct the fourth respondent to transfer the minimum of 20% seat meant for the Insured Person Quota in Employees' State Insurance Corporation Medical Colleges to be filled by conducting fresh counseling by the second and third respondents in accordance with NEET All India merit list.
3. The Employees' State Insurance Corporation (in short ESIC) released the MBBS admission notification for the seats exclusively for the wards of Insured Persons (20% of the seats) in all the ESIC Medical Colleges in the country on 28.06.2017. Again, the Medical Council Committee released online notification regarding counseling for the 322 medical seats exclusively reserved for Insured Person Quota in ESIC Medical Colleges on 05.07.2017. The petitioner made a representation to the respondents on 07.07.2017 to cancel the counseling or withdraw the counseling notice issued by the Director General, Health Services, Ministry of Health and Family Welfare Department, restricting the Counseling to the wards of Insured Persons in ESIC Medical Colleges in the country. In the representation, the petitioner, further requested the second respondent to allow all the NEET qualified candidates to register for the 20% quota earmarked for wards of Insured Persons in the ESIC Medical Colleges. Thereafter, the petitioner filed the second writ petition in W.P. No. 17948 of 2017 to quash the impugned notification i
