Madras High Court
M.Immaculate Jonna vs The Secretary To The Government on 21 January, 2021
W.P.No.20163 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2021
CORAM
THE HONOURABLE THIRU JUSTICE B.PUGALENDHI
W.P.No.20163 of 2020
and
W.M.P.No.24904 of 2020
M.Immaculate Jonna ... Petitioner
Vs.
1.The Secretary to the Government,
Health & Family Welfare Department,
St.George Fort, Chennai – 600 009.
2.The Director of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Principal,
Government Dental College,
Chennai.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorari, calling for the records of the
1st respondent dated 02.06.2020 in Ref.No.Health And Family Welfare
Department letter No.10317/MCA1/2020-1 and quash the same.
For Petitioner : Mr.B.Kumarasamy
For Respondents : Mr.E.Manohar, Spl.G.P
1/8
https://www.mhc.tn.gov.in/judis/
W.P.No.20163 of 2020
ORDER
(This matter is taken up through Video Conferencing)
The petitioner, an aspirant for M.B.B.S course appeared in the
NEET Examination and obtained an All India Rank 56. She also
appeared for All India Institute of Medical Sciences Examination and
got 11th rank. Normally, the AIIMS results are declared during the
month of May. However, it was delayed due to the Fani Cyclone struck
the State of Orissa. In the meantime, the petitioner has participated in
the Tamil Nadu State Counseling and was allotted MDS in Department
of Conservative Dentistry and Endodontics in Tamil Nadu Government
Dental College (GDC). Without knowing the result of the AIIMS, the
petitioner joined the Tamil Nadu Government Dental College (GDC) on
05.04.2019 and deposited her original certificates and also paid the
tuition fee and college fee.
2.The petitioner was also offered a seat for PG Course at AIIMS
based on the result and she was also allotted a seat in MDS in
Department of Conservative Dentistry and Endodontics in Tamil Nadu
Government Dental College (GDC), New Delhi. When she approached
the Tamil Nadu Dental College for discontinuing her studies and asked
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W.P.No.20163 of 2020
for original certificates, she was asked to pay a sum of Rs.15,00,000/-
towards discontinuation fee. Due to the delayed announcement of
results by AIIMS and due to the Fani cyclone, the petitioner was
slapped with a discontinuation fees.
3.The petitioner approached this Court as against Clause 22(C)
of the Prospectus which imposes of Rs.15,00,000/-, if any candidate
discontinues from the course. This Court by order dated 16.07.2019
disposed of the writ petition with a direction to the Government to take
a decision on her representation and also permitted the petitioner to
get back original certificates by executing indemnity bond for
Rs.15,00,000/- that if the Government decline her waiver of penalty
she will pay the money without further protest within a period of 3
months. Accordingly, the petitioner has also executed an indemnity
bond to pay the discontinuance fees as per the Clause 22(C) of the
prospectus in the event of Government declining the request of the
petitioner for waiver of penalty.
4.The case of the petitioner was also considered by the
Government as per the guidelines issued by the Medical Council of
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W.P.No.20163 of 2020
India and rejected her request to waive the discontinuance amount as
not feasible for compliance. Accordingly, the Director of Medical
Education by his communication dated 07.08.2020 directed the
petitioner to pay the discontinuation amount of Rs.15,00,000/- within
a period of 3 months as per the prospectus of PG Course 2019-2020.
5.Aggrieved over this order, this writ petition is filed stating that
the respondent rejected the petitioner's claim for waiver without
considering her representation on merits. Mr.B.Kumarasamy, learned
counsel for the petitioner by referring the earlier orders passed by this
Court in W.P.No.20306 of 2019 submits that this Court considering the
grounds in favour of this petitioner has observed in the earlier order
that the petitioner has made some cause for non discontinuation
before 31.05.2019, directed the respondent to consider the case of the
petitioner but the respondent without considering the merit of the
petitioner's representation, rejected the petitioner request by way of
impugned non speaking order.
6.Mr.E.Manoharan, learned Special Government Pleader by
relying on Clause 22(C) of the prospectus issued by the Government of
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W.P.No.20163 of 2020
Tamil Nadu for admission of MDS Course submits that the
discontinuation fees is very much mentioned in the prospectus and by
discontinuing after the cut off date for the admission of MBBS course,
the prospectus of another candidate is effected and therefore the
petitioner is liable to pay the discontinuation fee. This Court also
directed the petitioner to execute an indemnity bond that in case of
rejection, the petitioner would indemnify the amount without agitating
further. As per the orders of the Court, this petitioner has also
executed an indemnity bond and again agitating the order of rejection
by this writ petition.
7.Mr.E.Manohar, learned Special Government Pleader has also
relied on the orders of this Court in W.P.No.3377 of 2020 reported in
(2010) 4 MLJ 656 in the case of Dr.N.Sivakumar Vs. The
Secretary, Selection Committee & another dated 25.03.2010,
wherein this Court has held that the petitioner therein having applied
for admission as per the prospectus, is bound by the prospectus.
8.Considering the rival submissions made, this Court is not
inclined to entertain this Writ Petition. The prospectus is not only
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W.P.No.20163 of 2020
binding on the petitioner, it binds on all the persons concerned as laid
down by the Hon'ble Supreme Court of India in above judgment. This
condition of discontinuation fee is very much mentioned in the
prospectus. Knowing the same, the petitioner has applied for the
course, joined the course and thereafter discontinued. Therefore, she
is liable to pay the discontinuation fees as per the Clause 22(C) of the
prospectus. Further, considering the request made by the learned
counsel for the petitioner, that the petitioner is not having sufficient
means to pay this huge amount within stipulated time, this Court is
inclined to permit the petitioner to pay this discontinuance fees on 6
equal monthly installments.
9.With the above directions, this writ petition stands dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
21.01.2021
mrm
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
W.P.No.20163 of 2020
To
1.The Secretary to the Government,
Health & Family Welfare Department,
St.George Fort, Chennai – 600 009.
2.The Director of Medical Education,
Kilpauk, Chennai – 600 010.
3.The Principal,
Government Dental College,
Chennai.
https://www.mhc.tn.gov.in/judis/
W.P.No.20163 of 2020
B.PUGALENDHI,J.
mrm
W.P.No.20163 of 2020
21.01.2021
https://www.mhc.tn.gov.in/judis/
