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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
A. Priyanka and Others – Petitioners
Versus
Principal Secretary, Department of Health and Family Welfare and Others – Respondents
W.P. Nos. 3078, 5204 of 2022
Decided On : 05-07-2022
Constitution of India- Article 226- Professional degree – MBBS - Allotment of seats among the wards of various categories of Defence personnel - To allot two MBBS seats through second counselling equal distribution of seats among the wards of Defence personnel as per the order passed by Madurai Bench- When the regulations of the third respondent who is an expert and the statutory authority states that deadline cannot be extended which has been upheld by the Hon’ble Supreme Court, this Court cannot ignore the same –Held, students who are going to be the medical doctors in the near future cannot be allowed to seek relaxation of regulations which have been imposed only in their interest and in public interest. A categorical stand has been taken by the third respondent who is monitoring the medical examination that on no account, the deadline for completing admissions of medical colleges can be extended. This being the case, when the regulations of the third respondent who is an expert and the statutory authority states that deadline cannot be extended which has been upheld by the Hon’ble Supreme Court, this Court cannot ignore the same – Writ petitions dismissed.
ORDER :
Prayer: W.P. No. 3078 of 2022: Writ petition filed under Article 226 of the Constitution of India for writ of certiorarified mandamus calling for the records on the file of the 1st respondent in respect of G.O. (D) No. 33, Health and Family Welfare (MCA-1) Department dated 10.01.2022 in so far as it relates to the allotment of seats among the wards of various categories of Defence personnel is concerned as envisaged under G.O.Ms. No. 1142 of 1979 dated 30.06.1979 and quash the same and consequently direct the second respondent to allot two MBBS seats through second counselling for the petitioners in the year 2021-22 so far as the equal distribution of seats among the wards of Defence personnel as per the order passed by Madurai Bench of this Court in W.A. (MD) No. 610 of 2019 and W.P. (MD) No. 14119 and 14128 of 2020 dated 19.08.2021 and G.O.Ms. No. 1142, Health and Family Welfare Department dated 30.06.1979 for medical admission.
W.P. No. 5204 of 2022: Writ petition filed under Article 226 of the Constitution of India for writ of certiorarified mandamus calling for the records of the first and second respondents in respect of impugned G.O. (2D) No. 33, Health and Family Welfare (MCA-1) Department dated 10.01.2022 and impugned prospectus for admission to MBBS/BDS degree courses in Tamil Nadu Government Medical/Dental Colleges, Government seats in self financing Medical/Dental Colleges and ESIC Medical Collecge and PGIMSR, KK Nagar, Chennai affiliated to the Tamil Nadu Dr. MGR Medical University in the year 2021-2022 and quash both and consequently direct the second respondent to conduct a separate counseling exclusively for serving defense personnel as per G.O.Ms. No. 1142, Health and Family Welfare Department dated 30.06.1979 and Division bench Order in W.A. (MD) No. 610 of 2019 dated 19.08.2021 after alloting few MBBS seat through second counselling.
1. W.P. No. 3078 of 2022 has been filed by two students who are the children of defence personnel who seek admission in the MBBS course under the wards of defence personnel quota relying on G.O.Ms. 1142, Health and Family Welfare Department dated 30.06.1979. According to them, despite the order dated 19.08.2021 passed by the Division Bench of this Court in W.A. (MD) No. 610 of 2019 directing implementation of G.O.Ms. No. 1142 dated 30.06.1979 referred to supra, the respondents have not implemented the said G.O. thereby denying admission to the petitioners.
2. W.P. No. 5204 of 2022 has been filed by one of the students father by name R. Annamalai challenging G.O. (D) No. 33, Health and Welfare Department dated 10.01.2022 as well as the prospectus for admission to MBBS/BDS degrees in Tamil Nadu Government Medical/Dental Colleges for the year 2021-2022 on the ground that G.O.Ms. No. 1142 dated 30.06.1979 has not been implemented, despite the direction to that effect having been given by Division bench of this Court on 19.08.2021 in W.A. (MD) No. 610 of 2019.
3. Since the issues involved in both these writ petitions are one and the same, they are disposed of by a common order.
4. The respondents 1 and 2 have stated that in the Division Bench order dated 19.08.2021 passed in W.A. (MD) No. 610 of 2019 which the petitioners rely upon, directions were issued only to the Central Government to revisit the priority list giving equal importance to all children of defence personnel whether ex/deceased /serving by distributing the quota uniformly, so that all the three categories will be benefited. The petitioners claim that while allotting seats to all the three sections of defence personnel namely ex/deceased and serving personnel as per G.O.Ms. No. 1142 dated 30.06.1979, there must be equal distribution of seats for each of the three categories.
5. According to the respondents 1 and 2, the competent authority to revisit the quota given to defence personnel namely ex/deceased and serving personnel is only the Department of Ex-servicemen Welfare, Ministry of Defence, Government of India. Ac
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