The New Regulation PGMER 2023 permits seat sharing for reservation policies, overriding previous regulations, and minority institutions cannot claim all seats as All India Management Quota.

ORDER :

(Vivek Kumar Singh, J.)

(Prayer : Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in order dated 22.07.2024 in reference F.No.315/DHFWS/BOME/E3/PG-Counselling/2024-25/49 and quash the same and in consequence thereof, directing the third respondent to conduct PG medical counselling by treating all the PG medical seats available in the petitioner institution as all India Management Quota seats.)

The order of the second respondent dated 22.07.2024, directing the Private Self-Financing Colleges to surrender 50% of the total sanctioned seats in the Post Graduate Medical Course towards Government quota for the academic year 2024-25, is put under challenge in the present Writ Petition.

2. Heard the learned counsels appearing for the petitioner as well as for the respondents.

3. The brief facts of the case of the petitioner is as follows:

3.1. The petitioner is a minority (Linguistic-Telugu) Private Self-Financing Medical College situated within the Union Territory of Puducherry. They are providing education in the field of medicine both at the Under Graduate and Post Graduate levels in various specialities. They were approved to offer training in various M.S. and M.D. Courses at the Post-Graduate Level. As per the regulations framed by the National Medical Commission (NMC), the second respondent is the Nodal Authority for conducting counselling for admission of students in PG medical courses.

3.2. The question of power of the State to impose any kind of seat sharing upon the private unaided educational institutions is no longer res integra and the same has been decided by the Hon’ble Apex Court in various Judgments. Pursuant to the directions issued in Unni Krishnan J.P. and Others etc. Vs. State of Andhra Pradesh and Others [1993 (1) SCC 645], the NMC had originally framed the “Post Graduate Medical Education Regulations, 2000” (PGMER 2000). The clause 9 (7) of the Regulation envisages that in Non-Government Medical Colleges/Institutions, 50% of the seats shall be filled up by the State Government or Authority appointed by them. The directions issued in Unni Krishnan's case as stated supra was overturned by the Hon’ble Apex Court in T.M.A. Pai Foundation & Others Vs. State of Karnataka & Others [2003 (6) SCC 790].

3.3. Relying on the “Post Graduate Medical Education Regulations, 2000”, the second respondent insisted the petitioner to surrender 50% of the seats in PG Medical Courses. Hence, the petitioner has filed a Writ Petition in W.P.No.10756 of 2018 before this Court, challenging the vires of the clause 9(7) of the said Regulation 2000. Meanwhile, the NMC had framed and notified New Regulation namely, “Post-Graduate Medical Education Regulations 2023 (PGMER 2023)”. The New Regulation contains repealing clause by which the old Regulations 2000 has been repealed. Hence, the W.P.No.10756 of 2018 was closed as infructuous.

3.4. The PGMER 2000 is not in force now. However, the second respondent issued the impugned order dated 22.07.2024 stating that, considering the provisions under New Regulation PGMER 2023, the Hon’ble Lieutenant Governor has directed the Private Self-Financing Medical Colleges to surrender 50% of the total sanctioned seats in PG courses towards Government quota. Since the same is illegal and against the various judgments of the Hon’ble Apex Court, the petitioner has filed the present Writ Petition to quash the impugned order dated 22.07.2024 and for a consequential direction to permit them to fill all seats as All India Management Quota seats.

4. Mr.Abishek Jenasenan, learned Counsel appearing for the petitioner in support of his contentions drew the attention of this Court to various decisions of the Hon'ble Supreme Court which are as follows:-

4.1. The Hon'ble Supreme Court in P.A.Inamdar and Others Vs. State of Maharashtra and Others reported in 2005 (6) SCC 537 held that, the State cannot insist on se