W.A.No.810 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2023

CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.A.No.810 of 2023

and C.M.P.No.7731 of 2023

1. The Secretary,

Selection Committee,

Directorate of Medical Education,

162, Periyar E.V.R High Road,

Kilpauk, Chennai - 600 010.

2. The Dean,

Madras Medical College,

Chennai - 600 033.

.. Appellants

Versus

1. Dr.R.Aashritha

2. Director General of Health Services,

Government of India,

Nirman Bhawan,

New Delhi - 110 108.

.. Respondents

Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the

order, dated 27.06.2019 in W.P.No.14840 of 2019.

For Appellants

: Mrs.N.Sneha,

for Selection Committee

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W.A.No.810 of 2023

For Respondents

: M/s.Sudharshana Sundar

for R1

JUDGMENT

(Made by the Hon'ble Mr.Justice D.Bharatha Chakravarthy)

The first respondent in the Writ Appeal, Dr.R.Aashritha, was granted

admission to the prestigious Madras Medical College, Chennai in the

second round of counseling on 17.04.2019 in MD (Tuberculosis and

Respiratory diseases) / Pulmonary Medicine UR/MD (Respiratory

Medicine) pursuant to her score in the P.G NEET, 2019. She paid her

tuition fee on the same day i.e., on 17.04.2019 and joined the course on

01.05.2019. However, within two days, she submitted a letter and

discontinued the course. It is stated in paragraph No.6 of the affidavit filed

in support of the Writ Petition that she had to discontinue the course for

sudden change of events in her personal life viz., fixing of her marriage.

Thereafter, when she was ready to forego her tuition fee, the certificates

which includes her M.B.B.S., Degree Certificate, Registration Certificate,

Transfer Certificate etc., which she handed over at the time of joining of the

college, were not returned to her insisting that she has to pay the

discontinuation fee of Rs. 15,00,000/- besides the tuition fee. Aggrieved by

the same, the present Writ Petition is filed.

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W.A.No.810 of 2023

2. The Writ Petition was resisted by the respondents therein by

submitting that as per Clause - 24(c), the petitioner, being a candidate under

All India Quota, if discontinues the course after the last phase of counseling,

is liable to pay the discontinuation fee. The learned Single Judge, after

considering the submissions on both sides, considered the instructions

contained in Clauses - 24(c) & 27(a) and upon a cumulative reading, found

that as per Clause - 27(a), if only the discontinuation had taken place after

the cut-off date for admission, i.e., after 31.05.2019 which is specifically

mentioned in Clause - 27(a), the liability to pay the sum of Rs.15,00,000/-

arises. But, in this case, the discontinuation had taken place on 03.05.2019

i.e., before the cut-off date for the admission and the liability of payment of

Rs.15,00,000/- does not arise and allowed the Writ Petition by directing the

second respondent to return the educational documents. Aggrieved by the

same, the present Writ Appeal is filed by the said authorities.

3. Heard Mrs.N.Sneha, learned Counsel appearing on behalf of the

appellants and Mr.Sudharshana Sundar, learned Counsel appearing on

behalf of the first respondent.

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W.A.No.810 of 2023

4. Mrs.N.Sneha, learned Counsel appearing on behalf of the

appellants, taking this Court through the schedule for counseling, submitted

that the first phase of counseling took place between 27.03.2019 to

03.04.2019 and the second phase of counseling took place between

13.04.2019 to 22.04.2019. As per the said schedule, the non-reported seats,

non-joined seats and vacant seats would be transferred to th