IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.P. Sahi, Senthilkumar Ramamoorthy, JJ.
Sri Venkateshwaraa Medical College Hospital & Research Centre, Rep. by its Chairman B. Ramachandran & Others – Appellants
Versus
Medical Council of India, Rep. by Secretary, Sector VIII, New Delhi & Others – Respondents
W.A. Nos. 494 & 500 of 2020
Decided On : 13-08-2020
| Table of Content |
|---|
| 1. validity of admissions in mbbs course (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedure for admissions must be followed (Para 6 , 7 , 8 , 23 , 27) |
| 3. importance of government authority in admission (Para 9 , 10 , 18 , 22) |
| 4. authority of colleges over admissions (Para 30 , 31 , 32 , 34) |
| 5. consequences of illegal admissions (Para 72 , 73 , 75) |
JUDGMENT :
A.P. Sahi, J.
(Prayer: Appeals filed under Clause 15 of the LETTERS PATENT against the order dated 11.03.2020 passed in W.P.No.15095 of 2019.)
1. Disputing the correctness of the judgment dated 11.03.2020 by a learned Single Judge, the present appeals have been filed by the petitioner/appellant Institution and by two other students seeking leave to appeal in a matter relating to admissions against four seats of MBBS course to the four candidates who were admitted by the appellant Institution on the ground that they remained vacant even after the last stage of counselling conducted by the Centralized Admission Committee (CENTAC), Government of Puducherry. The appellant Institution is a privately managed Medical College governed by the provisions of the Medical Council of India (MCI) and other relevant laws in this regard.
2. The learned Single Judge held that the appellant Institution, in violation of Clause 5(7) of the MCI Regulations, has unilaterally admitted these four students, which is in direct conflict with law and the judgments of the Apex Court governing the field. A compensation of Rs.1.00 lakh to each of the four students has also been directed to be paid by the appellant Institution with a further observation that the official respondents may explore the possibility of accommodating them in any other Institution in the coming academic year based on their merit.
3. Writ Appeal No.494 of 2020 has been filed by the original petitioner Institution. The writ petition giving rise to the said appeal is W.P.No.15095 of 2029, where the relief sought is for issuance of a Writ of Mandamus directing the Government of Puducherry, through its Health Secretary and the Centralized Admission Committee, represented by its Coordinator (Admission), Government of Puducherry, to approve the admission of four candidates admitted by the Institution viz., (i) Bollini Damu V., (ii) Mahesh M.R.S., (iii) Sabari Ganesh P. and (iv) Shri Preethi M. in the MBBS course offered by the Institution for the academic year 2018-2019.
4. Writ Appeal No.500 of 2020 has been filed by two of the aforesaid candidates viz., Mahesh M.R.S. and Shri Preethi M. in their individual capacity, who were not parties to the writ petition, but were granted leave to appeal vide order dated 18.06.2020, whereafter the said appeal has been entertained.
5. The other two students viz., Bollini Damu V. and Sabari Ganesh, P., whose admissions are sought to be protected by the Institution have neither been impleaded in either of the proceedings nor they have filed their separate appeal questioning the impugned judgment of the learned Single Judge.
6. A counter-affidavit was filed in the writ petition by the Medical Council of India; the Government of Puducherry and the Centralized Admission Committee as well as by the Pondicherry University to whom the responsibility of verifying the documents and certificates as well as the eligibility conditions is entrusted in the process of admission.
7. Shri AR.L.Sundaresan, learned Senior Counsel has advanced his submissions in W.A.No.494 of 2020; Shri N.L.Rajah, learned Senior Counsel has advanced in submissions in W.A.No.500 of 2020; Ms.Mala, learned Additional Government Pleader (Puducherry) has advanced her submissions on behalf of the Government of Puducherry, Centralized Admission Committee; Shri M.Ravi for Pondicherry University and Shri V.P.Raman has been heard for the Medical Council of India. Learned counsel have also filed their typed set of papers in these appeals. Written sub
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