IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 23.06.2022

DELIVERED ON : 12.07.2022

CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON'BLE MRS.JUSTICE N.MALA

W.A.Nos.1398 and 1399 of 2022

1.State of Tamil Nadu,

rep. by its Secretary,

Health and Family Welfare Department,

Secretariat, Fort St. George,

Chennai-600 009.

2.The Additional Director of Medical Education/

Secretary, Selection Committee,

Directorate of Medical Education,

Chennai - 600 10.

.. Appellants

in both appeals

Vs

1.Srinivasan Medical College and Hospital,

(Affiliated to Dhanalakshmi Srinivasan University)

rep. by its Vice Chairman S.Kathiravan,

NH-45, Trichy Chennai Trunk Road,

(Near Samayapuram Toll Plaza)

Samayapuram, Tiruchirapalli-621 112.

.. 1^st respondent

in WA.1398/2022

& sole respondent

in WA.1399/2022

2.Union of India,

rep. by its Secretary,

Ministry of Health and Family Welfare,

Room No.156-A, 'A' Wing,

Nirman Bhavan, New Delhi-110 011.

3.Directorate General of Health Services,

rep. by its Director General,

Nirman Bhawan, Maula Azad Road,

New Delhi-110 011.

4.The National Medical Commission,

rep. by its Secretary,

Pocket-14, Section-9, Dwarka Phase-1,

New Delhi-110 077.

5.The University Grants Commission (UGC),

rep. by its Member Secretary,

Bahadurshah Zafar Marg,

New Delhi-110 002.

.. Respondents 2 to 5

in WA.1398/2022

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.

Prayer in W.P.Nos.1392 of 2022: Writ Petition filed under

Article 226 of the Constitution of India praying for issuance of

writ of Certiorarified Mandamus Calling for the records of the

5th Respondent in its notification dated 03.01.2022 in

notification no. 003/SCSI(I)/2021 quash the same and

consequentially direct the 5th Respondent to include the name of

the Petitioner Institution in the counselling process to be

conducted for filling up 35 percent of the 150 MBBS Seats

available in the Petitioner Institution from the Academic Year

2021- 22 onwards and also direct the 1st Respondent to consider

the representation dated 29.10.2021 submitted by the Petitioner

and instruct the 2nd Respondent to include the name of the

petitioner Institution in the counselling process to be

conducted for filling up 65 percent of the 150 MBBS Seats

available in the petitioner institution from the Academic year

2021-22 onwards.

Prayer in W.P.Nos.9236 of 2022: Writ Petition filed under

Article 226 of the Constitution of India praying for issuance of

writ of Certiorarified Mandamus calling

directing the

respondents to consider the representation dated 10.04.2022

submitted by the petitioner and consequently include the name of

the petitioner Institution in the Counselling process and allot

candidates to 150 MBBS seats by (i) Following the apportionment

of seats followed in private Self-Financing medical institutions

affiliated to Tamil Nadu Dr. MGR Medical University and (ii) by

applying the fee structure fixed by the State Fee Committee for

private self-financing medical institutions in the state for the

Academic Year 2021 -22 alone.

For the 1^st Appellant

in both appeals

: Mr.R.Shunmugasundaram

Advocate-General

assisted by

Mr.P.Muthukumar

State Government Pleader

Ms.A.G.Shakeena

For the 2^nd Appellant

in both appeals

: Mr.Amit Anand Tiwari

Additional

Advocate

General

(Supreme Court)

assisted by Ms.Devyani

Gupta

For the Respondents

: Mr.Vijay Narayan

Senior Counsel

for Mr.Abishek Jenasenan

for 1^st respondent

in W.A.No.1398 of 2022

and sole respondent

in W.A.No.1399 of 2022

: Mr.K.Srinivasamurthy

Senior Panel Counsel

for respondents 2 and 3

in W.A.No.1398 of 2022

: Ms.Shubharanjani Ananth

for 4^th respondent

in W.A.No.1398 of 2022

: Mr.P.R.Gopinath

for 5^th respondent

in W.A.No.1398 of 2022

COMMON JUDGMENT

(Delivered