IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP Nos. 6531, 6532, 24109, 24110 & 28255 of 2011, W.P.Nos.27628, 27630,

28465, 28466, 28880 of 2012

W.P.No.6531 of 2011

DD Medical College and DD Hospital,

Rep. by Its Chairman Dr. T.D. Naidu,

No.61, D.D.Nagar Bus Stop

(Chennai-Tirupathi National Highway),

Kunnavalam Post, Tiruvallur District.

Petitioner(s)

Vs

1. Union Of India

Rep By Its Secretary,

Ministry of Health And Family Welfare,

New Delhi.

2.The Medical Council of India

Pocket 14, Sector 8,

Dwaraka Phase - 1, New Delhi.

3.The State of Tamilnadu,

Rep. by its Principal Secretary,

Health and Family Welfare Dept.,

Secretariat, Chennai – 9.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Declaration, to declare that the Notification MCI 18 (1)/2010-Med/49070 dated 21.12.2010 issued by the second respondent amending the Post-Graduate Medical Education (Amendment) Regulations, 2010 (Part II) and published in Government of India, Gazette No. 341 dated 27.12.2010 as ab-initio null and void, ultra vires, unreasonable, unenforceable, arbitrary, illegal, lack of legislative competence and jurisdiction, and violation

of various provisions of the Constitution of India.

For Petitioner: Mr.M.Antony Selvaraj For Respondent: Mr.E.Sundaram Government Advocate for R2 WP No. 6532 of 2011 DD Medical College and DD Hospital, Rep. by Its Chairman Dr. T.D. Naidu, No.61, D.D.Nagar Bus Stop, (Chennai-Tirupathi National Highway), Kunnavalam Post, Tiruvallur District.

Petitioner(s)

Vs

1. Union Of India Rep. by its Secretary, Ministry of Health And Family Welfare, New Delhi.

2.The Medical Council of India, Pocket 14, Sector 8, Dwaraka Phase - 1, New Delhi.

3.The State of Tamilnadu, Rep. by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 9 Respondent(s)

PRAYER: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Declaration, to declare that the Notification MCI 31 (1)/2010-Med/49068 dated 21.12.2010 issued by the second respondent amending Graduate Medical Education 1997 by Graduate medical Education (Amendment) 2010 (Part II) and published in Government of India Gazette No. 342 dated 27.12.2010 as ab-initio null and void, ultra vires, unreasonable, unenforceable, arbitrary, illegal, lack of legislative competence and jurisdiction, and violation of various provisions of the Constitution of India.

For Petitioner: Mr.M.Antony Selvaraj For Respondents: Mr.V.P.Raman For R1 Mr.E.Sundaram Government Advocate for R2 WP No. 24109 of 2011 Christian Medical College, Vellore Association, IDA Scudder Road, Vellore-632004, Represented By Secretary.

Petitioner(s)

Vs

1. Union of India, Represented By The Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110 001.

2.Medical Council Of India, Pocket-14, Sector 8, Dwarka Phase-I, New Delhi-110 077.

3.The State of Tamil Nadu, Represented by its Secretary (Health), Fort St. George, Chennai.

4.Tamil Nadu Dr.MGR Medical University, 40-A, Anna Salai, Chennai-32, Represented by its Registrar.

Respondent(s)

PRAYER:Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Declaration, to declare the Notification bearing Nos.MCI.18(1)/2010-Med. /49070 dated 21.12.2010 and published on 27.12.2010 amending the Postgraduate Medical Education Regulation 2000 issued by the 2nd Respondent as being void, ultra vires, unreasonable, arbitrary, illegal and violative of the Constitution of India.

For Petitioner: Mr.Krishna Srinivasan, Sr.Counsel for Mr.S.Ramasubramaniam Mrs.M.S Seshadri For R2 Mr.E.Sundaram, GA for R3 M/s.Narmadha Sampath For R4 WP No. 24110 of 2011 Christian Medical College Vellore Association, Ida Scudder Road, Vellore-632004, Represented By Secretary.

Petitioner(s)

Vs

1. Union Of India, Represented By The Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi-110 001.

2.Medical Counc