Madras High Court
Yakala Shreyas vs The Secretary To Government ... on 2 December, 2021
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.13648, 13652, 16297, 16301, 16306,
16309, 16317, 16324, 16328,
16497 and 16506 of 2019
And
W.M.P.Nos.13713, 13716, 15979, 15980, 15983,
15984, 15989, 15994, 15995, 16063,
16136 and 16147 of 2019
Yakala Shreyas ... Petitioner in W.P.13648 of 2019
Vs.
1.The Secretary to Government (Health),
Government of Puducherry,
Health Secretariat,
Puducherry.
2.The Deputy Secretary to Government (Health),
Government of Puducherry,
Health Secretariat,
Puducherry.
3.The Director of Health,
Family Welfare Department and Nodal Officer,
State Medical Education Director
for Union Territory of Puducherry,
Puducherry.
4.The Registrar
Balaji Vidyapeeth University,
(Deemed University),
Chennai.
1/15
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
5.The Registrar
Mahatma Gandhi Medical College and Research Institute,
(Deemed University),
Kirumambakkam,
Puducherry. ... Respondents in W.P.13648 of 2019
Prayer in W.P.No.13648 of 2019:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records in No.
510/Health/H5/NEET/2018-UG/PF/201 dated 11.01.2019 on the file of
second respondent and quash the same and also to direct the
respondents to pay Rs.40 lakhs the excess fees paid by the petitioner
over and above the fees fixed by the fee committee along with
interest from October 1, 2016 till the date of payment or realization.
For Petitioner : M/s.R.Rajarajan
For Respondents : Mr.C.T.Ramesh for R1 to R3
Additional Government Pleader (Puducherry)
Assisted by
Mr.A.Alexdas
Government Advocate
Mr.L.Swaminathan for R4 and R5
COMMON ORDER
Since the issue involved in all these writ petitions are one and
the same, they are heard together and disposed of by way of a
common order.
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
2.The petitioners have completed their Higher Secondary
Examination with good marks. During the academic year 2016-17,
the Central Government decided to make amendment in the Indian
Medical Council Act in pursuance to the directions given by the
Hon'ble Apex Court in the NEET review judgment and introduced
common entrance examination for the entire nation for getting
admission into the medical Colleges. The aforesaid amendment has
introduced Sec.10 (D) and the ambit and meaning of the aforesaid
amendment introducing Sec.10(D) to the Indian Medical Council Act
is that the common entrance examination has to be applied
throughout the territory of Union of India.
3.There is only one exemption that has been given from filling
up the seats without having recourse to the common entrance
examination. The said exemption is that the State Government seats
in Government Medical College as well as the Private Medical College
could be exempted form being filled up through the common entrance
examination on such State opt out by way of an ordinance. The
concerned State Government shall issue ordinance in that regard to
fill up the seats in the Government College and Government seats in
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
the
Private College on the basis of the scores obtained in the Higher
Secondary Examination without referring to the ranks and marks
obtained by the candidates in the common entrance examination.
4.As far as the Union Territory of Puducherry is concerned, the
Government of Puducherry did not obtain any exemption or pass any
ordinance exempting the seats in the Government College and the
Government seats in the Private College from being filled up without
having recourse to the common entrance examination introduced by
virtue of Sec.10 (D) of Indian Medical Council Act, 2016. In this
regard, the petitioners applied to the respondents under the Right To
Information Act and they obtained information from the respondent
that the Government of Puducherry has not passed any ordinance or
obtained any exemption to opt out from the common entrance
examination for the academic year 2016-17. Therefore the seats
have to be filled up based on the merit list/ rank of the candidates in
the common entrance examination.
5.The petitioners appeared in the common entrance
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
examination and scored high marks, however, they were not given
admission on
the basis of their merit and rank obtained in the common entrance
examination. Hence, they along with similarly situated candidates
gave complaint to the Permanent Admission Committee and a
meeting was convened on 29.09.2016. The minutes of the meeting of
the Permanent Admission Committee is dated 29.09.2016 i.e., only
one day before the date on which the admission will be closed in both
the Government College as well as the Private Medical Colleges
including the medical Colleges run by the deemed Universities.
6.Though clear cut directions were given by the Committee, the
respondents failed to comply with the directions. The petitioners
were told by the Government as well as by the Colleges that the rank
and merit finalized by the Permanent Admission Committee on the
basis of common entrance examination would not be given any effect
and hence the petitioners were compelled to join the Private College
and were forced to pay a huge amount of Rs.11 Lakhs as fees per
academic year.
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
7.In the meanwhile, similarly situated persons approached this
Court by filing W.P.Nos.35895 and 35923 of 2016 for securing seats
on the basis of the merit/ rank list published for the academic year
2016-17 published after the common entrance examination and the
said writ petitions came to be admitted and ultimately all the
petitioners therein were given seats for the academic year 2017-18
on the basis of the rank list published for the academic year 2016-17
in the common entrance examination. Aggrieved by the same, the
Union Territory of Puducherry filed W.A.Nos.996 and 997 of 2017 and
the said appeals were disposed of with a direction that the candidates
have to pay only the fees of Rs.3.35 Lakhs prescribed by the fee
committee.
8.Hence, the petitioners made representation claiming parity in
the fee structure in similar lines with the petitioners in
W.P.Nos.35895 and 35923 of 2016, however, their claim was rejected
stating that the directions in the aforesaid writ petition and writ
appeals are confined only to the petitioners in the said writ petitions
and the same could not be extended to the petitioners herein.
Hence, the petitioners have filed these writ petitions.
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
9.The learned counsel appearing for the petitioners would
submit that without passing any ordinance or obtaining any
exemption to opt
out from the common entrance examination for the academic year
2016-17, denying the petitioners admission in the Government
College or in the Government seats in the Private College and
compelling to join the Private College is non est in law. Further, the
Permanent Admission Committee after considering the genuine
reason of the candidates issued direction to accommodate the
students in Government Colleges and similarly situated students were
accommodated during the academic year 2017-18 and since the
petitioners did not want to waste one year, they joined the Private
College and paid the fees. Hence, this Court may issue direction to
the respondents to reimburse the excess fees paid by the petitioners.
10.The learned Additional Government Pleader would submit
that the grievance of the petitioners is that without passing any
ordinance or obtaining any exemption to opt out from the common
entrance examination for the academic year 2016-17, denying the
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
petitioners admission in the Government College or in the
Government seats in the Private College and compelling them to join
in the Private College is non est in law. However, the fact remains
that the Union of India passed Ordinance No.4 of 2016, wherein in
clause 2 it is clearly
mentioned that there shall be a uniform entrance examination to all
the medical educational institutions at the undergraduate level and
post graduate level through such designated authority in Hindi,
English and such other languages and in such manner as may be
prescribed and the designated authority shall ensure the conduct of
uniform entrance examination in the aforesaid manner, provided that
notwithstanding any judgment or order of any court, the provisions of
the section shall not apply in relation to the uniform entrance
examination at the undergraduate level for the academic year 2016-
2017 conducted in accordance with any regulations made under this
Act in respect of State Government seats (whether in Government
medical college or in a private medical college) where such State has
not opted for such examination. Further, the petitioners have joined
in the Private College on their own volition. Hence, the request of the
petitioners cannot be considered.
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
11.The learned counsel appearing for the Private College would
submit that Private Colleges Fees Committee will not come under the
purview of the deemed Universities. Hence, deemed University
College fees vest with fees structure fixed by the deemed
Universities.
Since the petitioners themselves opted for the Private Colleges, later
on they cannot claim exemption or reimbursement in the fees.
12.The facts of the case is not in dispute. Admittedly, the
petitioners secured eligible marks. The mooted question that arises
for consideration is whether the petitioners are entitled to be
admitted based on the NEET marks or marks they secured in the
Higher Secondary Examination. The grievance of the petitioners is
that the Union Territory of Puducherry without passing any ordinance
or obtaining any exemption to opt out from the common entrance
examination for the academic year 2016-17, denied the petitioners
admission in the Government College or in the Government seats in
the Private College and thereby compelled them to join in the Private
College which is non est in law.
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
13.However, the Ministry of Law and Justice (Legislative
Department) on 24.05.2016 passed The Indian Medical Council
(Amendment) Ordinance, 2016 (No.4 of 2016) and for better
appreciation, the relevant portion of the same is extracted hereunder:
“THE INDIAN MEDICAL COUNCIL
(AMENDMENT)
ORDINANCE, 2016
No.4 of 2016
Promulgated by the President in the
Sixty-seventh Year of the Republic of
India.
An Ordinance further to amend the
Indian Medical Council Act, 1956.
WHEREAS Parliament is not in
session and the President is satisfied that
circumstances exist which render it
necessary for him to take immediate
action;
NOW, THEREFORE, in exercise of the
powers conferred by clause (1) of article
123 of the Constitution, the President is
pleased to promulgate the following
Ordinance:-
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
1. (1) This Ordinance may be called
the Indian Medical Council (Amendment)
Ordinance, 2016.
(2) It shall come into force at once .
2. In the Indian Medical Council Act,
1956 (hereinafter referred to as the
principal Act), after section 10C, the
following section shall be inserted,
namely:-
“10D. There shall be conducted a
uniform entrance examination to all
medical educational institutions at the
undergraduate level and post graduate
level through such designated authority in
Hindi, English and such other languages
and in such manner as may be prescribed
and the designated authority shall ensure
the conduct of uniform entrance
examination in the aforesaid manner:
Provided that notwithstanding any
judgment or order of any court, the
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
provisions of the section shall not apply in
relation to the uniform entrance
examination at the undergraduate level
for the academic year 2016-2017
conducted in accordance with any
regulations made under this Act in respect
of State Government seats (whether in
Government medical college or in a
private medical college) where such State
has not opted for such examination.”.”
14.A perusal of the above said Ordinance makes it clear that
the provisions of Section 10D of the Indian Medical Council Act, shall
not apply in relation to the uniform entrance examination at the
undergraduate level for the academic year 2016-2017 conducted in
accordance with any regulations made under this Act in respect of
State Government seats (whether in Government medical college or
in a private medical college) where such State has not opted for such
examination.
15.Admittedly the petitioners got admission during the
academic year 2016-2017. Since the Ordinance was passed by the
Government of India exempting from implementing Section 10D of
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
the Indian Medical Council Act for the academic year 2016-2017, the
grievance of the petitioners is not sustainable.
16.Further, the petitioners agitated along with similarly situated
candidates before the Permanent Admission Committee and the
Committee after considering the genuine reason of the candidates
issued direction to accommodate the students in Government
Colleges only during the academic year 2017-18 and not during the
academic year 2016-2017.
17.According to the petitioners, they are entitled to the relief
granted to the petitioners who filed W.P.Nos.35895 and 35923 of
2016 before this Court, however, the same relief cannot be extended
to the petitioners herein since the petitioners on their own volition
got admission in the Private College during the academic year 2016-
2017.
18.In view of the above, these writ petitions are dismissed. No
costs. Consequently, the connected miscellaneous petitions are
closed.
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
02.12.2021
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Secretary to Government (Health),
Government of Puducherry,
Health Secretariat,
Puducherry.
2.The Deputy Secretary to Government (Health),
Government of Puducherry,
Health Secretariat,
Puducherry.
3.The Director of Health,
Family Welfare Department and Nodal Officer,
State Medical Education Director
for Union Territory of Puducherry,
Puducherry.
4.The Registrar
Balaji Vidyapeeth University,
(Deemed University),
Chennai.
5.The Registrar
Mahatma Gandhi Medical College and Research Institute,
(Deemed University),
Kirumambakkam,
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
Puducherry.
M.DHANDAPANI,J.
pri
W.P.Nos.13648, 13652, 16297, 16301,
16306, 16309, 16317, 16324,
16328, 16497 and 16506 of 2019
And
W.M.P.Nos.13713, 13716, 15979, 15980,
15983, 15984, 15989, 15994, 15995,
16063, 16136 and 16147 of 2019
https://www.mhc.tn.gov.in/judis
W.P.Nos.13648, 13652, 16297, 16301, 16306, 16309,
16317, 16324, 16328, 16497 and 16506 of 2019
02.12.2021
https://www.mhc.tn.gov.in/judis
