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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
Maria Ayurveda Medical College and Hospital, Rep. by its Principal Viz., D.V.S. Symala Devi - Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary to Government, Health & Family Welfare Department, Chennai & Others - Respondent
W.P.(MD) Nos. 4710 to 4712 of 2022 & W.M.P.(MD). Nos. 3931, 3934 & 3932 of 2022
Decided On : 17-03-2022
Writ of Mandamus - Approval of Students' Candidature - Article 226 of the Constitution of India - Ayurvedic, Homoeopathic, and Siddha Degree Courses - 2020-2021 - NEET Examinations - Lapsed Category - Representation to First Respondent - Consideration of Representations - Direction to Pass Final Orders
Fact of the Case:
Petitions filed under Article 226 of the Constitution of India sought approval of students admitted under the lapsed category for Bachelor of Ayurvedic Medicine and Surgery (BAMS), Bachelor of Homoeopathic Medicine and Surgery (BHMS), and Bachelor of Siddha Medicine and Surgery (BSMS) Degree Courses for the academic year 2020-2021. Petitioner's institution admitted qualified candidates who had successfully completed the NEET examinations. The institution made representations to the first respondent seeking recognition for the admitted students, which were not considered, leading to the filing of the writ petitions.
Finding of the Court:
The court directed the first respondent to consider the petitioner's representations and approve/recoginze the admission of students under the lapsed seats category for the mentioned courses and academic year, and to pass final orders on merits and in accordance with the law within a period of eight weeks from the date of receipt of the court's order, after affording a fair hearing to the authorized representative of the petitioner.
Issues: Approval of students' candidature under the lapsed category for Ayurvedic, Homoeopathic, and Siddha Degree Courses for the academic year 2020-2021, consideration of petitioner's representations by the first respondent, and the need for a direction from the court to pass final orders on the representations within a specified time frame.
Ratio Decidendi: The court's decision was based on the petitioner's representations, the qualifications and successful completion of NEET examinations by the admitted students, and the need for the first respondent to consider the representations and pass final orders within a specified time frame, in line with the legal provisions and judgments referenced by the petitioner's counsel.
Final Decision: The writ petitions were disposed of with the direction to the first respondent to consider the petitioner's representations and pass final orders on the admission of students under the lapsed seats category for the mentioned courses and academic year within a period of eight weeks from the date of receipt of the court's order, after affording a fair hearing to the authorized representative of the petitioner.
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to approve the candidature of 5 students viz., Jasmine J, Pooja Dileep, Rizwana Hajara.S, Sajnas.SS. and Soorya Gayathri.AP, admitted for Bachelor of Ayurvedic Medicine and Surgery (BAMS) Degree Course under the unfilled / lapsed category for the academic year 2020-2021 in the petitioners College and by considering the petitioners College and by considering the petitioner's representations dated 31.03.2021, 07.06.2021 and 15.12.2021 within the period stipulated by this Court.
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to approve the candidature of 3 students viz. Geethu R, Fathima Nafiya and Vibras SN, admitted for Bachelor of Homoeopathic Medicine and Surgery (BHMS) Degree Course under the unfilled / lapsed category for the academic year 2020-2021 in the petitioners College and by considering the petitioners representations dated 31.03.2021, 07.06.2021 and 15.12.2021, within the period stipulated by this Court.
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to approve the candidature of 6 students viz. Baby Sheeba A, Sakthisrie SS, Anusha G, Priyadharshini V, Jershifa Skherin M, Jayasree M, admitted for Bachelor of Siddha Medicine and Surgery (BSMS) Degree Course under the unfilled / lapsed category for the academic year 2020-2021 in the petitioners College and by considering the petitioners College and by considering the petitioners representations dated 31.03.2021, 07.06.2021, 08.08.2021 and 15.12.2021 within the period stipulated by this Court.)
Common Order
1. These writ petitions have been filed seeking for approval of students admitted by the petitioner's institution under the lapsed category by the first respondent, based on the petitioner's representations, dated 31.03.2021, 07.06.2021 and 15.12.2021.
2. Since in all the three writ petitions, the petitioner has sought for recognition/regularization of the students admitted under the lapsed quota, they are disposed of by way of a common order.
3. Heard Mr.M.Ajmal Khan, learned Senior counsel appearing for the petitioner and Mr.N.G.A.Nataraj, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 3.
4. Separate writ petitions have been filed for Ayurvedic Course, Homeopathy Course and Siddha Course, where students were admitted by the petitioner institution. The petitioner has admitted 5 students out of 15 lapsed seats in Ayurvedic Course, which pertains to W.P.(MD).No. 4710 of 2022, 3 students out of 14 lapsed seats in Homeopathy Course, which pertains to W.P.(MD).No.4711 of 2022 and 6 students out of 15 lapsed seats in the Siddha Course, which pertains to W.P.(MD).No.4712 of 2022.
5. It is the case of the petitioner institution that all are qualified candidates and they have successfully completed the NEET examinations. It is their case that since the seats remained unfilled, they were constrained to fill up the seats. The petitioner institution has given representations on 31.03.2021, 07.06.2021 and 15.12.2021 to the first respondent, seeking for recognition to the students admitted by the petitioner institution as referred supra. Since the said representations have not been considered till date, the petitioner has filed these writ petitions.
6. The learned Senior counsel appearing for the petitioner drew the attention of this Court to the similar relief sought for by the petitioner's institution pertaining for the year 2019-2020, where, this Court had directed the second respondent to consider the petitioner's representations, with regard to the admissions of the students under the lapsed seats and pass orders, within a period of twelve weeks from the date of receipt of a copy of that order. He would submit that a similar direction can be issued in these writ petitions also.
The main legal point established in the judgment is the court's authority to issue a Writ of Mandamus under Article 226 of the Constitution of India to direct the first respondent to consider and pas....
The restriction preventing managements from filling up all the seats in medical courses was found to be unreasonable and violative of constitutional articles.
The regularisation of admission made by the petitioners under the Government quota, after the last date for admission, was allowed by the court, considering the need to fill vacant seats and the stud....
The absence of deficiencies in the inspection report and the interim orders influenced the court's decision to allow the students admitted in the Academic Session 2019-20 to complete their course.
Unfilled seats are not grounds for mid-session admissions and extending the admission process would disrupt the academic schedule.
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