IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2022

CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

W.P.No.43464 of 2016

Dr.R.Keerthana

...Petitioner

Vs.

1.The Principal Secretary to Government

Health and Family Welfare Department,

Fort St. George,

Chennai – 600 009.

2.The Director of Medical Education

Directorate of Medical Education,

Kilpauk, Chennai – 600 010.

3.The Secretary

Selection Committee,

Directorate of Medical Education,

Kilpauk, Chennai – 600 010.

4.The Dean

Madras Medical College,

EVR Periyar Salai,

Park Town,

Chennai – 600 003.

...Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India for issuance of a Writ of Mandamus,

directing the 3^rd

respondent to refund the amount of

Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the petitioner

which was paid by the petitioner on 08.06.2016 towards the

discontinuation fees of the All India Merit Quota Seat of MD

Anaesthesia (Non-Service) Course within a reasonable time.

For Petitioner :

Mr.S.Sivakumar

For Respondents :

Mr.D.Ravichander

Special Government Pleader

For [Higher Education]

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The Writ of Mandamus has been filed to direct the 3^rd

respondent to refund the amount of Rs.15,00,000/- (Rupees

Fifteen Lakhs Only) to the petitioner which was paid by the

petitioner on 08.06.2016 towards the discontinuation fees of the

All India Merit Quota Seat of MD Anaesthesia (Non-Service)

Course within a reasonable time.

2. The petitioner passed undergraduate Degree in M.B.B.S

in the year 2015 and registered as a Medical Practitioner before

the Medical Council of Tamil Nadu. The petitioner applied for

All India Post Graduate Medical Examinations (AIPGMEE-2016)

conducted by the National Board of Examinations and All India

Institute of Medical Sciences test (AIIMS-2016). The petitioner

wrote both the Post Graduate Examinations. AIPGMEE results were

announced at the earliest, the petitioner was qualified and

allotted to MD Anaesthesia course at Madras Medical College,

Chennai.

3. On 01.05.2016, the petitioner had joined Post Graduate

course in MD Anaesthesia (Non Service) in Madras Medical

College, Chennai, as per the allotment of All India Merit Quota

by the Medical Counseling Committee, National Board of

Examinations, Government of India based upon the merit rank

secured by her in the All India Post Graduate Medical Entrance

Examination, January 2016.

4. Subsequently, the petitioner came out successfully in

AIIMS test and she attended for AIIMS Centralized Merit

Counseling on 06.06.2016 along with the Bonafide Certificate

dated 30.05.2016 issued by the Dean, Madras Medical College,

Chennai. The petitioner was alloted (Obstetrics and Gynecology)

(MD OG) seat on All India Merit Quota basis. The AIIMS

authorities directed the petitioner to produce the original

certificates for verification on or before 10.06.2016. The

petitioner rushed to Chennai and submitted a requisition on

08.06.2016 to the 4^th

respondent to return the original

certificates / documents.

5. However, the 4^th respondent directed the petitioner to

pay the discontinuation fees of Rs.15,00,000/- (Rupees Fifteen

Lakhs Only) for the purpose of return of certificates. In view

of the urgency, the petitioner had deposited the said amount and

received her certificates and joined the Post Graduate Course at

AIIMS. After depositing the discontinuation fees, the petitioner

had chosen to file the present writ petition.

https://hcservices.ecourts.gov.in/hcservices/

6. The learned counsel for the petitioner mainly contended

that the discontinuation fees contemplated is not applicable to

the petitioner and even in the Bonafide Certificate issued by

the 4^th respondent on 30.05.2016