JUDGMENT

(Prayer: Appeals under Clause 15 of the Letters Patent against the common order dated 29.4.2022 passed in W.P.Nos.1392 and 9236 of 2022.)

Common Judgment

1. The writ appeals have been filed by the State of Tamil Nadu and the Additional Director of Medical Education/Secretary, Selection Committee to assail the judgment of the learned Single Judge dated 29.4.2022, whereby the writ petitions preferred by Srinivasan Medical College and Hospital were allowed.

2. W.P.No.1392 of 2022 was filed by the writ petitioner/non-appellant to quash the notification dated 3.1.2022 and to consequently include the name of the writ petitioner/institution in the counselling process for allocation of students for filling up 35% of intake capacity of 150 seats allocated to the writ petitioner/ institution from the academic year 2021-2022 onwards. It was with a further prayer to consider the representation of the writ petitioner/institution dated 29.10.2021 and instruct the Directorate General of Health Services, New Delhi, to include the name of the writ petitioner/institution in the counselling process to be conducted for filling up 65% of the 150 MBBS seats to the writ petitioner/institution from the academic year 2021-2022 onwards.

3. The prayer in W.P.No.9236 of 2022 was to seek a direction on the respondents therein to consider the representation dated 10.4.2022 and include the name of the writ petitioner/institution in the counselling process and allot 150 candidates for the MBBS Course by following the apportionment of seats followed in the private self-financing medical institutions affiliated to the Tamil Nadu Dr.M.G.R.Medical University and by applying the fee structure fixed by the State Fee Committee for the private self-financing medical institutions in the State for the academic year 2021-2022.

4. The necessity to file the writ petitions arose when the second appellant issued a government notification dated 3.1.2022, which is quoted hereunder:

“KIND ATTENTION TO THE SELF FINANCING MEDICAL / DENTAL COLLEGES

The Self Financing Medical / Dental Institutions are informed that their Seat Matrix for MBBS / BDS courses for 2021-2022 will be included at the time of State / Management quota Counselling which have been affiliated by the Tamil Nadu Dr. MGR Medical University, Guindy, Chennai only.”

5. The aforesaid government notification contemplated that the self-financing medical/dental institutions having affiliation with the Tamil Nadu Dr.M.G.R. Medical University, Chennai, would only be included at the time of the counselling for allocation of the candidates for the MBBS Course against the State/Management quota.

6. Prior to the issuance of the aforesaid government notification, Dhanalakshmi Srinivasan University sent a detailed representation on 29.10.2021 to the effect that they need to fill 35% of the total seats as per the reservation policy of the Tamil Nadu State Government and as per the prevailing procedure of the Director General of Health Service, New Delhi, 100% MBBS seats of deemed to be universities are filled through Medical Counselling Committee and similar is the position in respect of Super-specialty seats and, therefore, a request was made to include the name of the writ petitioner/institution for MBBS counselling.

7. The said representation was followed by another representation dated 10.4.2022 of the Dhanalakshmi Srinivasan University to inform that they have got the letter of permission from the