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2023 Supreme(Mad) 494

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
C.V. KARTHIKEYAN, J.
Shri Indra Ganesan Institute of Medical Science, represented by its Secretary, Trichy - Appellant
Versus
The State of Tamil Nadu, represented by its Secretary, Chennai & Others - Respondents
W.P. (MD)Nos. 4341 & 4730 of 2023 & W.M.P. (MD)Nos. 4086, 4382 & 4383 of 2023
Decided On : 23-03-2023

Advocates appeared:
For the Petitioner:V. Panneer Selvam, Isaac Mohanlal, Senior Counsel, M/s. Isaac Chambers, Advocates. For the Respondent:R1 to R3, V.Om Prakash, Government Advocate, R4, S. Ramesh, Advocate.

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 students' belonging to Scheduled Caste.

Headnote:

Admission - Naturopathy and Yogic Science - Clause-9 of enrolment candidates - Regularisation of Admission

Fact of the Case:

The petitioners, two medical colleges, admitted students under the Government quota after the last date for admission, and sought regularisation of the admission. The respondents contended that the admission was irregular and violated rules and guidelines.

Finding of the Court:

The court found that the petitioners had admitted students under the Government quota after the last date for admission, but the respondents had also extended the date for admission and conducted a walk-in-counselling, indicating a need to fill vacant seats. The court noted that communal rotation had not been materially imbalanced and that the students belonged to Scheduled Caste. The court referred to a previous judgment regularising similar admissions and allowed the writ petitions, directing the regularisation of the students' admission and permitting them to write their examinations.

Issues: Irregular admission under Government quota, violation of rules and guidelines, last date for admission, communal rotation

Ratio Decidendi: The court held that the petitioners' admission of students under the Government quota, after the last date for admission, should be regularised, considering the need to fill vacant seats and the students' belonging to Scheduled Caste. The court referred to a previous judgment regularising similar admissions and allowed the writ petitions, directing the regularisation of the students' admission and permitting them to write their examinations.

Final Decision: The Writ Petitions are allowed, and the admission of the students is regularised. The respondents are directed to issue hall tickets and permit the students to write their examinations.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the fourth respondent in his proceedings in Ref.No.:Ex.IV(3)/33983/2023, dated 10.02.2023 and to quash the same and to direct the respondents to approve the 25 candidates list sent by the petitioner college for BNYS degree course for the academic year 2021-2022 with all consequential benefits.

1. Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned e-mail communication of the third respondent Selection Committee, dated 08.02.2023 and the consequential order passed by the fourth respondent University in Ref.No.ExIV(3)/33983/2023, dated 10.02.2023 and to quash the same and further to direct the third and fourth respondents to confirm the admission of fie candidates (name list annexed) admitted in the petitioner-college against lapsed seats in the academic year 2021-2022 so as to enable them to continue to do the Bachelor''s Degree in Naturopathy and Yogic Science (BNYS).)

Common Order: W.P.(MD)No.4341 of 2023:

1. This Writ Petition had been filed in the nature of Certiorarified Mandamus to call for the records relating to the order passed by the fourth respondent/Registrar, the Registrar, the Tamil Nadu Dr.M.G.R. University in proceedings in Ref.No.:Ex.IV(3)/33983/2023, dated 10.02.2023 and to quash the same and to direct the respondents to approve a list of 25 candidates sent by the petitioner College for admission to BNYS degree course for the academic year 2021-22.

2. In the affidavit filed by the Secretary of the petitioner College, Shri Indra Ganesan Institute of Medical Science, Naturopathy & Yoga Medical College, Manikandam, Trichy, it had been stated that the College was affiliated to the fourth respondent/the Tamil Nadu Dr.M.G.R. Medical University, and they had permission to conduct Bachelor''s Degree in Naturopathy and Yogic Science (BNYS) with an annual intake of 100 seats in the academic year 2021-2022. Out of these 100 seats, 65 seats were to be filled up by the Selection Committee formed by the State Government, the third respondent herein and 35 seats were to be filled by the Management. During the first round of counselling, the Selection Committee had sent a list of 32 students for 65 seats available for the Government quota seats. During the second round of counselling, they sent one additional student. Those 33 students out of 65 students were alone admitted under the Government quota. The petitioner had, however, filled up the management quota of 35 seats. It was seen that a total number of 32 seats remained unfilled.

3. It had been further stated that the petitioner had filled the vacancy by admitting 32 students, but out of them, seven students discontinued and 25 students continued to study. The petitioner had sent the list of those students on 25.05.2022 to the Selection Committee/third respondent for approval. It had been stated that there was no irregularity in the act of the Management in such admission. It had been stated that however, the fourth respondent had issued the communication, which is impugned in the Writ Petition directing the petitioner College to discharge the said 25 seats, who had been admitted by the petitioner College under Government quota. Questioning that particular communication, the Writ Petition has been filed.

4. The third respondent filed a counter affidavit and gave the statistics relating to the students, who have been admitted under the Government quota in self financing Colleges and had stated that every effort had been made to fill all the students under the Government quota. It had been stated that for the academic year 2021-2022, the counselling process was conducted till the cut-off date fixed by the Ministry of AYUSH, Government of India, ie., till 20.05.2022. It had been st

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