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2022 Supreme(Mad) 1023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.Raja, D.Bharatha Chakravarthy, JJ.
State of Tamil Nadu represented by its Secretary, Health and Family Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai - Appellant
Vs.
Annapoorna Medical College & Hospital, Rep. by its Dean Dr.P.Shanmugam - Respondent
W.A.No.1383 of 2022, W.P.Nos.14836, 11952 and 11966 of 2022 and W.M.P.Nos.14049, 11371 and 11390 of 2022
Decided On : 22-12-2022
Advocate Appeared:
For the Appellants :Mr.J.Ravindran, Additional Advocate General Assisted by Mr.A.Selvendran, Special Government Pleader, Mrs.N.Sneha, Mr.N.Surya Narayanan, Mr.D.Ashok Kumar Advs.
For the Respondents:Mr.P.H.Arvind Pandiyan, Senior Counsel for M/s. Kavitha Deenadayalan, Mr.J.Ravindran, Additional Advocate General Assisted by Mr.A.Selvendran, Special Government Pleader, Mrs.N.Sneha, Mr.P.H.Arvind Pandiyan, Senior Counsel for M/s.Kavitha Deenadayalan,
The main legal point established in the judgment is that admissions made until the last hour of the extended cut-off date were deemed to be within the time, and the procedure for filling stray vacancies allowed the college to admit students from the list forwarded by the Selection Committee.
Headnote:
Admission - Stray Vacancies - Tamil Nadu - Medical Admission Prospectus - 15.12.2021 - 28.04.2022 - Annapoorna Medical College and Hospitals - Selection Committee - Writ Petition - Mandamus - Allotment Orders - Academic Year 2021-2022 - M.B.B.S - Selection Committee Merit List - Last Date of Admission - Extension of Time - High Court - Judgment
Fact of the Case:
The case involves the admission of students to stray vacancies in Annapoorna Medical College and Hospitals for the academic year 2021-2022. The Selection Committee forwarded a list of eligible unallotted candidates to the college for filling the vacancies. The college admitted students based on this list. Disputes arose regarding the admission process, cut-off dates, and the legality of admissions made after the original cut-off date.
Finding of the Court:
The court found that the college's procedure of admitting students from the list forwarded by the Selection Committee was in order. The court also held that admissions made until the last hour of the extended cut-off date were deemed to be within the time. The court dismissed the appeal and the writ petitions filed by some students, while allowing the writ petition filed by the 17 students for regularizing their admission.
Issues: The main issues revolved around the legality of admissions made by the college after the original cut-off date, the authority of the Selection Committee to allot students for stray vacancies, and the impact of the extension of the last date of admission on the admissions made during the interim period.
Ratio Decidendi: The court held that admissions made until the last hour of the extended cut-off date were deemed to be within the time. The court also emphasized that the procedure for filling stray vacancies, as outlined in the prospectus, allowed the college to admit students from the list forwarded by the Selection Committee.
Final Decision: The court dismissed the appeal and the writ petitions filed by some students, while allowing the writ petition filed by the 17 students for regularizing their admission. The court directed the concerned authorities to issue formal orders of allotment and registration for the students to pursue the M.B.B.S course without any hardship.
JUDGMENT :
D.Bharatha Chakravarthy, J.
W.A.No.1383 of 2022 is filed by the State of Tamil Nadu represented by the Secretary to Government, Health and Family Welfare Department and the Selection Committee, represented by its Director, Directorate of Medical Education, aggrieved by the order of the learned Single Judge, dated 28.04.2022 in W.P.No.11040 of 2022. By the said order, the learned Single Judge allowed the Writ Petition filed by the first respondent/writ petitioner namely, Annapoorna Medical College and Hospitals, praying to issue a mandamus directing the Selection Committee to issue allotment orders to 17 students admitted under the stray vacancy counselling by the said college so that the admission of the said students for the academic year 2021-2022 can be duly registered by the other respondents.
2. W.P.No.14836 of 2022 is filed by the said 17 students, praying for a Writ of Mandamus directing the respondents to register them as M.B.B.S students duly admitted for the academic year 2021-2022 and provide their registration numbers.
3. W.P.Nos.11952 of 2022 and 11966 of 2022 is filed by one Snekhapriya and Chandiravathani, two students, praying that the fifth respondent namely, the above-mentioned Annapoorna Medical College and Hospitals, to grant admission to them to the M.B.B.S course for the academic year 2021-2022 based on the allotment order issued by the Selection Committee.
4. Since the prayers in the above Writ Appeal and the above Writ Petitions pertain to the same cause of action, the above three writ petitions were tagged along with the above Writ Appeal and are accordingly heard together and disposed off by this common judgment.
5. The brief facts leading to the above appeal and petitions are that Annapoorna Medical College and Hospitals is a self-financing institution, approved by the respondents, having sanctioned intake of 150 M.B.B.S seats every year. While so, the Selection Committee published the medical admission prospectus on 15.12.2021 for the academic year 2021-2022, wherein, the admission schedule was specified. As per the same, the special counselling for 7.5% government school students was conducted on 28.01.2022 and completed on 03.02.2022. The first round of general quota counselling was conducted between 30.01.2022 to 22.02.2022. The second round was conducted during 16.03.2022 to 24.03.2022. The mop up counselling took place from 26.03.2022 to 04.04.2022. Further, the extended mop up counselling for stray vacancies was to be conducted from 07.04.2022 to 10.04.2022 and was also extended by one day, i.e., till 11.04.2022.
6. For the purposes of filling in the stray vacancies by its email dated 07.04.2022, the Selection Committee forwarded the entire list of eligible unallotted candidates. As per the prospectus, the stray vacancies after the mop up counselling has to be filled up by the respective college as per the list of eligible candidates furnished by the Selection Committee. Paragraph No.14 of the prospectus deals with the phases of counselling, in which, in page No.24, under the head ‘Mop Up Counselling’, the said procedure is clearly stated in paragraph III(c), and it is useful to extract the same:
“If there is any vacancies available for MBBS/BDS course in Self Financing Medical/Dental Colleges even after MOP UP Counselling, that Vacant Seats will be considered as Stray Vacancies. It will be filled by the respective Self Financing Medical / Dental Colleges as per the list of eligible candidates furnished by Selection Committee.”
7. As such, by repeated emails, on 07.04.2022, the Selection Committee has been sending the list of eligible unallotted candidates so as to enable the college to send bulk SMS and call them for admission and to fill up the stray vacancies. After the cut-off date was over on 11.04.2022, on 12.04.2022, Annapoorna Medical College and Hospitals informed the Selection
