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2022 Supreme(Mad) 521
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Munishwar Nath Bhandari, N. Mala, JJ.
G. Selvarajan - Appellant
Versus
M.S. Santhosh & Others - Respondent
W.A. Nos. 1093 & 1094 of 2022
Decided On : 04-07-2022
For the Appellant :Sricharan Rangarajan, V. Vignesh, Advocates.
For the Respondents:Murugendran, S.Udayakumar, R. Shunmugasundram, Advocate General assisted by P. Muthukumar, State Government Pleader, M.D. Muhilan, Government Advocate, S. Udayakumar, Advocates.
Point of Law: The Chief Secretary of the Government of Tamil Nadu would direct the disciplinary authority to hold the enquiry against the writ appellant and then to proceed in accordance with law
Headnote:
Tamil Nadu Pension Rules, 1978 - Rule 9 - Selection Committee - Government quota - Post Graduate Medical Seats - Counselling - Whether action of appellant is justified or not - Allegation of writ petitioners/non-appellants is that after holding two-rounds of counselling for government quota as well as management quota seats, mop-up counselling was conducted only to fill up unfilled seats of government quota, while same was not applied to fill up unfilled seats in management quota and private medical colleges were allowed to fill vacant seats on their own - Chief Secretary of Government of Tamil Nadu would direct disciplinary authority to hold enquiry against writ appellant and then to proceed in accordance with law. The entire exercise for it would be completed within a period of six months from date of judgment. Any delay in that regard would be viewed against disciplinary authority and no extension of time for completion of action would be given - While action is taken against writ appellant, it should be initiated against everyone involved in matter and especially officers who remained posted in Directorate of Medical Education and department concerned. (Para 55 and 57)
Finding of the court: The issue of paucity of time to justify action of Selection Committee. The tabulation given above shows that second round of counselling for management quota ended on 31.7.2020, that was almost one month prior to last date for completion of process. Thus, it cannot be said by Selection Committee that there was paucity of time to hold mop-up counselling during the intervening period and it is more so when mop-up counselling was conducted for government quota seats during that period. First ground raised by writ appellant to justify the action cannot be accepted - A reference of Rule 9 of the Tamil Nadu Pension Rules, 1978 has been given to indicate that pension can be stopped as a measure of punishment by applying the procedure, but it is only after holding the enquiry and if charges are found proved or alternatively, on conviction of delinquent in criminal case. In this case, enquiry is yet to be conducted - Direction to pay a sum of Rs.4 lakh to the writ petitioners/non-appellants, who were deprived of admission, is not interfered in view of finding recorded above. Students were dragged in the litigation only for the reason that the writ appellant did not conduct mop-counselling, but sent a list of candidates which allowed medical college to give admission ignoring the merit of the candidates even from the list.
Result: writ appeals disposed of
JUDGMENT :
Munishwar Nath Bhandari, J.
(Prayer: Appeals under Clause 15 of the Letters Patent against the common order dated 25.2.2022 passed by the learned Single Judge in W.P.No.11963, 13564 and 13466 of 2020.)
1. The writ appeals have been filed to challenge the common order dated 25.2.2022 passed in W.P.No.11963, 13564 and 13466 of 2020, whereby the learned Single Judge issued the following directions:
“48. While the writ petitions are ordered accordingly, in the overall circumstances of the case, the following order is passed :-
(i) The Chief Secretary, Government of Tamil Nadu, is directed to take necessary action against Dr.G.Selvarajan departmentally for stopping pension and other benefits payable to the individual, which would be subject to the outcome of the investigation;
(ii) The Enquiry Officer is directed to register an FIR against all persons, including known and unknown persons as also against the private medical colleges, which were under the scanner of investigation for filling up the seats in derogation of the merit list;
(iii) The enquiry officer is further directed to conduct enquiry against all persons in the Directorate of Medical Education and the Department under which the said Directorate is functioning so that none of the persons, who have had a foothold in the said Department are left out;
(iv) The Director General of Police, Chennai, is directed not to transfer the officers, who are part of the enquiry team formed for investigating this matter at the instance of this Court.
(v) State is directed to pay a compensation in a sum of Rs.4,00,000/= (Rupees Four Lakhs only) to the petitioners in W.P. Nos.11963 and 13564 of 2021 within a period of four weeks from the date of receipt of a copy of this order. The said amount shall initially be paid by the State and, thereafter, the same shall be recovered from the then Secretary, Selection Committee, Directorate of Medical Education from his retirement proceeds/pension. Further liberty is granted to the petitioners to proceed in accordance with law for any other relief, if so advised on the basis of the decision Krishna Sradha's case (supra);
(vi) The enquiry officer is directed to ensure compliance of registration of the case and conduct enquiry and to file further report on the progress of the investigation on 25.4.2022.”
2. Before adverting to the merits of the appeals, it would be appropriate to give a detailed narration of the facts of the case to throw light on the affairs of the Selection Committee so as the private medical colleges in giving admission to students in Post Graduate Medical courses sacrificing merit. It is in the case of admission in Post Graduate Medical course for the academic year 2020-2021.
3. The facts on record show that two-rounds of counselling for filling up the Post Graduate Medical Seats under government quota was conducted between 30.4.2020 and 30.7.2020 and thereupon four-rounds of mop-up counselling was conducted to fill the unfilled seats of government quota. The two-rounds of counselling for the Post Grade Medical Seats under management quota was also conducted between 6.5.2020 and 31.7.2020. The mop-up counselling for the management quota seats was not conducted. It was stated that a total of 103 management quota seats remained unfilled after two-rounds of counselling in the management quota. The allegation of the writ petitioners/non-appellants is that after holding two-rounds of counselling for government quota as well as management quota seats, mop-up counselling was conducted only to fill up unfilled seats of government quota, while the same was not applied to fill up unfilled seats in the management quota and private medical colleges were allowed to fill vacant seats on their own.
4. It is stated that the Selection Committee decided not to conduct mop-up counselling for the management quota seats despite availability of
