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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. SWAMINATHAN, J.
Nandha Ayurveda Medical College & Hospital Rep. by its Chairman, Erode & Others - Appellant
Versus
The Director of Indian Medicine & Homeopathy, Chennai & Others - Respondent
W.P. Nos. 693, 695, 12761, 12182, 12188, 12193, 12476, 12485, 12486, 12482, 12489, 12491 & 12585 of 2022 & W.M.P. Nos. 740, 9238, 11388, 11389, 12218, 742, 9233, 11641, 11636, 11632, 11939 to 11941, 11946, 11948, 11935, 11936, 11938, 11954, 11956, 11951, 11952, 12040, 12041 & 12042 of 2022
Decided On : 13-05-2022
Admission - Indian Medicine and Homeopathy - 2021 SCC Online 318
Fact of the Case:
The college managements admitted candidates on their own due to a shortfall in sponsorship by the Selection Committee, leading to the filing of writ petitions to determine the legality of the admissions.
Finding of the Court:
The court held that the college managements were within their rights to fill up the vacant seats in the respective courses, citing the violation of Articles 14 and 19(1)(g) of the Constitution by the rule preventing managements from filling up all the seats.
Issues: Legality of admissions made by college managements due to shortfall in sponsorship by the Selection Committee.
Ratio Decidendi: The court applied the ratio from 2021 SCC Online 318, stating that the restriction preventing managements from filling up all the seats was unreasonable and violative of constitutional articles.
Final Decision: All the writ petitions were allowed, and the impugned orders were quashed. The respondents were directed to publish the withheld results, and the students were allowed to sit for the forthcoming examinations.
JUDGMENT
(Prayers: W.P.No.693 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the respondents ending with the order of the third respondent in Ex.IV/15156/2022 dated 30.03.2022 and quash the same and directing the respondents herein to forthwith approve the candidature of Suthi Biswas B for admission to BAMS Degree Course 2020-2021 session in the petitioner college. (Prayer amended vide order dated 13.05.2022 in W.M.P. No.9230 of 2022 in W.P. No.693 of 2022.
W.P.No.695 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the respondents ending with the order of the third respondent in EX.IV/15156/2022 dated 30.03.2022 and quash the same and directing the respondents herein to forthwith approve the candidature of (i)Sowmiya B and (ii)Sowmiya R for admission to BAMS Degree Course 2020-2021 session under Lapsed Seat category in the petitioner college. (Prayer amended vide order dated 13.05.2022 in W.M.P. No.9237 of 2022 in W.P. No.695 of 2022.
W.P.No.12761 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the fifth respondent pertaining to its proceeding in Lr. No.EX.IV(2)/40558/2021 dated 11.03.2022 and to quash the same and consequently direct the respondents to permit Mrs.Rhea Clement to continue BHMS and Mrs.K.M.Jouhara Jasmin to continue MD (Hom) Course respectively without insisting the allotment order from counselling from the academic year 2020-2021 by considering the request made by the petitioner dated 02.05.2022.
W.P.No.12182 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the first respondent in Lr. No.EX.IV(1)/01685/2021 dated 29.03.2022 and to quash the same and consequently direct the respondents to approve the admission of (1)S.Miruthubashini and (2)S.Gunavarsha to the 1st year BSMS Degree Course 2020-2021 in Velumailu Siddha Medical College & Hospital, Sriperumbudur, Kancheepuram District
W.P.No.12188 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the first respondent in Lr. No.EX.IV(1)/01685/2021 dated 29.03.2022 and to quash the same and consequently direct the respondents to approve the admission of (1)Vedhapriya G (2)Jothiswari S.M. and (3)Nadhisha S. admitted to the 1st year BSMS Degree Course 2020-2021 in JSA Medical College for Siddha and Research Centre, Ulundurpet, Kallakurichi District.
W.P.No.12193 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the first respondent in Lr. No.EX.IV(3)/15156/2022 dated 30.03.2022 and to quash the same and consequently direct the respondents to approve the admission of (1)Lohith Kumar J. (2)Vignesh S.A. (3)Anthati Meghana admitted to 1st year BAMS Degree Course 2020-2021 in Dharma Ayurveda College, Sriperumbudur, Kancheepuram District
W.P.No.12476 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to publish the results of the exams held from 13.09.2021 for petitioner's college students admitted in the lapsed seats of the BAMS Course for the academic year 2019-2020 and permit to write the supplementary examination and consequently to undergo the second year regular examination which is scheduled to be held from 19.05.2022 to 14.06.2022.
W.P.No.12485 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to publish the results of first year exams held from 13.09.2021 to 18.09.2021 for peti
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 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 main legal point established in the judgment is that the admission of students to the MBBS course must adhere to the proper procedure for filling vacant seats as per the judgment of the Apex Cour....
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
The necessity of NEET UG-2019 qualification for admission to BUMS/BAMS/BHMS Courses for the academic session 2019-20 as per the Indian Medicine Central Council Act, 1970 and the Regulations of 2018.
Admissions to medical colleges must be based on merit and conducted through authorized counseling, and any admission contrary to the mandatory provisions cannot be approved.
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
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