Madras High Court
P.Sabari Ganesh vs Union Territory Of Puducherry on 17 February, 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 17.2.2021
CORAM
THE HON'BLE MR.JUSTICE B.PUGALENDHI
W.P.No.2346 of 2021
P.Sabari Ganesh Petitioner
vs.
1. Union Territory of Puducherry,
rep. by Secretary to Government,
Health Department,
Secretariat, Beach Road,
White Town, Puducherry 605 001.
2. Centralised Admission Committee (CENTAC),
rep. by Coordinator,
PEC Campus, ECR Road, Pillaichavadi,
Puducherry 605 014.
3. The National Medical Commission,
rep. by its Secretary,
Pocket-14, Sector-8,
Dwaraka Phase-I, New Delhi 110 077. Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the second and third
respondents to consider the petitioner's hardship and genuine claim
and accommodate him by passing appropriate orders to accommodate
the petitioner in any Medical College to pursue the MBBS Course that
come under its purview within a limited time frame as deemed by this
court.
For Petitioner : Mr.M.Ravi for Mr.S.Senthil
For R1 : Mr.Ravichandran, AGP (P)
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For R3 : Mr.V.P.Raman
ORDER
The petitioner secured Admission in the MBBS Course in a
private Medical College viz., Venkateswaran Medical College in the final
round of filling up of stray vacancies. The Centralised Admission
Committee (CENTAC), the second respondent herein referred certain
candidates in 1:10 ratio for the final round of filling up of stray
vacancies and the said private College admitted the petitioner and 3
others without any reference from the CENTAC and therefore, the
second respondent had issued a direction to the said private Medical
College to discharge the petitioner and others.
2. The private Medical College challenged the orders of the third
respondent before this court in W.P.No.15095 of 2019. The petitioner
and 3 others, who have been discharged, were permitted to continue
the Course and also to appear for the examinations, however, the said
Writ Petition was, ultimately, dismissed by order dated 11.3.2020. In
the meantime, the Petitioner and 3 others have completed two years
of MBBS Course. One Mahesh and Shri Preethi, who were similarly
discharged, have also filed a Writ Appeal in W.A.No.500 of 2020 as
against the orders passed in W.P.No.15095 of 2019 and the private
https://www.mhc.tn.gov.in/judis/
college had filed a Writ Appeal in W.A.No.494 of 2020 and the First
Bench of this court, by a common judgment dated 13.8.2020,
dismissed both the Appeals filed by the private Medical College and the
students.
3. As against the order passed by this court W.A.No.500 of 2020
dated 13.8.2020, the other students namely Mahesh and Shri Preethi
have filed S.L.P.No.11319 of 2020 and the same was dismissed by
order dated 14.10.2020, however a liberty was provided to the
petitioners to make a representation to the CENTAC to accommodate
them in any other Medical College considering the fact that the
petitioners have completed 2 years OF MBBS course pursuant to the
interim order passed by this court.
4. The relevant portion of the order passed in S.L.P.No.11319 of
2020 dated 14.10.2020 is extracted hereunder:-
"However, liberty is given to the petitioners to
make a representation to the National Medical
Commission and the CENTAC authorities to
accommodate them in any other Medical
College. The National Medical Commission and
the CENTAC authorities are directed to
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consider the representation of the petitioners
for being accommodated in any other Medical
College by keeping in mind that they have
already completed two years of the course."
5. The case of the petitioner in this writ petition is that he is also
similarly placed to that of Mahesh and Shri Preethi, the petitioners in
SLP No.11319 of 2020 and therefore, by referring the said order of the
Hon'ble Supreme Court, the petitioner made a representation to the
CENTAC and National Medical Commission, respondents 2 and 3
herein. In response to the representation of a similarly placed another
student, the CENTAC had issued a reply dated 11.1.2021 that the
subject of accommodation of the students is only within the purview of
National Medical Commission. The petitioner has also made a
representation to the third respondent National Medical Commission on
31.10.2020, but the same has not been considered and therefore, this
writ petition is filed for a mandamus directing the third respondent to
consider the petitioner's representation and to accommodate him in
any other Medical College.
6. Mr.M.Ravi, learned counsel appearing for the petitioner, by
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referring the orders of the Hon'ble Supreme Court, made a submission
that that petitioner's case is similar to that of the petitioners in
S.L.P.No.11319 of 2020 and therefore the present petitioner is also
entitled for such a relief as per the ratio laid down by the Hon'ble
Supreme Court of india in Inder Paul Yadav and others vs. Union
of India and others (1985 SCC (2) 648). He also referred to a
communication by the Ministry of Health and family welfare
Department New Delhi dated 14.12.2020 wherein the Department has
made a request to the Secretary National Medical Commission to take
appropriate action in the matter as directed by the Hon'ble Supreme
Court in S.L.P.No.11319 of 2020 dated 14.10.2020.
7. Mr V.P.Rahman learned counsel appearing for the third
respondent submits that if any representation is received from the
petitioner, it would be considered by the National Medical Commission
in accordance with law.
8. Therefore, this writ petition is disposed of with a direction to
the petitioner to submit a fresh representation forthwith along with the
orders of this court and the orders of the Hon'ble Supreme Court with
other relevant documents, if any, that the presnt petitioner is also
similarly placed with that of the petitioners in S.L.P. No.11319 of 2020,
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the third respondent shall consider the same in accordance with the
law and in the light of the orders passed by the Hon'ble Supreme Court
in S.L.P.No.11319 of 2020 within a period of three weeks from the
date of receipt of the representation from this petitioner. No costs.
17.2.2021.
Index: Yes/No.
ssk.
Note to office:-
Issue copy of this order
by 18.2.2021.
To
1. Union Territory of Puducherry,
rep. by Secretary to Government,
Health Department,
Secretariat, Beach Road,
White Town, Puducherry 605 001.
2. Centralised Admission Committee (CENTAC),
rep. by Coordinator,
PEC Campus, ECR Road, Pillaichavadi,
Puducherry 605 014.
3. The National Medical Commission,
rep. by its Secretary,
Pocket-14, Sector-8,
Dwaraka Phase-I, New Delhi 110 077.
https://www.mhc.tn.gov.in/judis/
B.PUGALENDHI, J.
Ssk.
W.P.No.2346 of 2021
17.2.2021.
https://www.mhc.tn.gov.in/judis/
