2025 Supreme(Online)(Mad) 76042
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice D.BHARATHA CHAKRAVARTHY
DD MEDICAL COLLEGE AND DD – Appellant
Versus
UNION OF INDIA – Respondent
WP Nos. 6531, 6532, 24109, 24110 & 28255 of 2011, W.P.Nos.27628, 27630, 28465, 28466, 28880 of 2012
Advocates:
For the Appellants/Petitioners: Mr.M.Antony Selvaraj, Mr.Krishna Srinivasan, Mr.S.Ramasubramaniam, Mrs.M.S Seshadri, Mr. Vishwak Sunil, Mr.A.Jenasenan, Dr.B.Ramaswamy, Ms.B.Saraswati, M.Arulmangai, Mr.B.Saraswati
For the Respondents: Mr.E.Sundaram, Mr.V.P.Raman, M/s.Narmadha Sampath, Ms.S.Seethalakshmi, Mr.D.Vijayakumar, Mr.G.Venkatesan, M/s.N.Rajan
Headnote:(A) Medical Council of India Act, 1956 - Section 33 - Graduate Medical Education Regulations, 1997 - Postgraduate Medical Education Regulations, 2000 - Amendments of 2010 and 2012 - Challenge to notifications - Transfer of cases to Supreme Court - Effect of Supreme Court judgment - Writ petitions seeking declaration that impugned notifications are null and void - Supreme Court in Christian Medical College, Vellore Association vs. Union of India (AIR 2020 SC 4721) upheld the regulations - Hence, nothing survives for consideration before High Court.
(B) Practice and Procedure - Disposal of pending matters - Where a superior court has already adjudicated the same issues and disposed of the transferred cases, the subordinate court must treat the pending proceedings as closed and record the fact of disposal.
Facts of the case:
Multiple writ petitions were filed before the Madras High Court challenging the Medical Council of India's notifications dated 21.12.2010 amending the Graduate Medical Education Regulations, 1997 and the Postgraduate Medical Education Regulations, 2000 (Part II of 2010 and Part I of 2012). The petitioners included various medical colleges and hospitals. The Medical Council of India filed transfer petitions, and all matters were transferred to the Supreme Court of India. The Supreme Court, by its judgment in Christian Medical College, Vellore Association vs. Union of India (AIR 2020 SC 4721), disposed of all the transfer cases and main cases and upheld the regulations.
Issues: The High Court did not independently adjudicate the issues as the matter was already decided by the Supreme Court.
Findings of Court:
The court recorded that the Supreme Court had already upheld the impugned regulations and disposed of the matters. Therefore, the writ petitions were wrongly shown as pending before the High Court.
Ratio Decidendi: Once the Supreme Court adjudicates the same subject matter and upholds the regulations, the High Court has no further jurisdiction to entertain the petitions. The registry must treat the writ petitions as closed.
Result: Writ petitions closed. No costs.
COMMON ORDER
Mr. Krishna Srinivas, the learned Senior Counsel appearing for the petitioner in W.P.Nos.24109 & 24110 of 2011 and Mr. Vishwak Sunil, the learned counsel for the petitioner in W.P.Nos.27628, 27630 & 28880 of 2012 would submit that in all these matters, transfer petitions were filed by the Medical Council of India. All these cases were transferred to the Hon’ble Supreme Court of India. The Hon’ble Supreme Court, by its judgment in Christian Medical College, Vellore Association vs. Union of India and others reported in AIR 2020 SC Page 4721, disposed of all the matters, including the transfer cases and the main cases and upheld the regulations. Hence, nothing further survives for consideration before this Court.
2. It is seen that the writ petitions stand disposed of by the Hon’ble Supreme Court. Recording this fact and noting that these cases are wrongly shown as pending before this Court, the Registry is directed to treat all these writ petitions as closed, since they have already been disposed of by the Hon’ble Supreme Court of India.
3. Accordingly, these writ petitions stand closed. No costs.
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