Madras High Court
Pondicherry Institute Of Medical ... vs The Government Of India on 29 July, 2021
W.A. No. 796 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.A. No. 796 of 2021
and
C.M.P. No. 4333 of 2021
Pondicherry Institute of Medical Sciences
Represented by its Chairman Dr.K.Jacob
Kalapet
Puducherry – 605 014. ... Petitioner
Vs.
1. The Government of India
Represented by its Under Secretary
Ministry of Health and Family Welfare
Nirman Bhawan, New Delhi – 110 001.
2. The Medical Council of India
Represented by its Joint Secretary
(now superseded by the National Medical Commission)
Represented by its Secretary
Pocket – 14, Sector – 8
Dwarka, Phase – I
New Delhi – 110 077.
3. The Government of Puducherry
Represented by the Under Secretary to
Government (Health)
Chief Secretariat, Puducherry.
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W.A. No. 796 of 2021
4. Central Administrative Committee (CENTAC)
Represented by Chairman / Convenor
Pondicherry Engineering College Campus
Puducherry – 605 014.
5. Dr.R.Mano ... Respondents
Appeal filed under Clause 15 of Letters Patent Act, praying to set aside
the order dated 07.10.2020 passed in W.P. No. 1284 of 2018 on the file of this
Court and allow the Writ Appeal.
For Appellant : Mr. J.Abhishek
For Respondents : Mr. C.T.Ramesh (For R3 & R4)
Additional Government Pleader
(Puducherry)
Ms. Subharanjani (For R2)
Mr. V.B.R.Menon (For R5)
Mr. V.Chandrasekaran (For R1)
JUDGMENT
(Judgment of the Court was delivered by N.KIRUBAKARAN, J)
The matter has been heard through "Video Conference".
2. The impugned order before the Learned Single Judge was passed by the
Medical Council of India discharging 14 students from the Appellant
Institution as their admissions have been made without sponsorship of the
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W.A. No. 796 of 2021
Central Administrative Committee (hereinafter referred to as 'CENTAC' for
short). After hearing all parties, the Learned Single Judge upheld the order of
discharge passed by the Medical Council of India, as there was no sponsorship
of the CENTAC to those students. The said order is challenged before this
Court by way of this Appeal.
3. The Fifth Respondent, who has got impleaded in the Writ Petition before
the Learned Single Judge, supported the Medical Council of India. The Fifth
Respondent is a student, who was denied admission in the Medical College. By
denying seats to the more meritorious students, the discharged students have
been admitted without sponsorship of the CENTAC.
4. Heard J.Abishek, Learned Counsel for the Appellant,
Mr. V.Chandrasekaran, Learned Counsel appearing for the First Respondent
Ms. Subharanjani, Learned Counsel appearing for the Second Respondent,
Mr. C.T.Ramesh, Learned Additional Government Pleader (Puducherry)
appearing for the Third and Fourth Respondents and Mr. V.B.R. Menon,
Learned Counsel appearing for the Fifth Respondent, and perused the materials
placed on record.
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W.A. No. 796 of 2021
5. Mr. J.Abishek, Learned Counsel for the Appellant and Mr.
V.B.R.Menon, Learned Counsel appearing for the Fifth Respondent submit that
the interests of the Fifth Respondent/ student has been protected by the
Appellant Institution. The Appellant Institution has agreed to pay a sum of
Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) to the Fifth Respondent, who also
agreed to receive the same as full and final settlement towards compensation.
6. More over, the students, who have been admitted without sponsorship of
the CENTAC already wrote the final year examinations and are awaiting their
results. Nevertheless, the services of the students, who have been admitted
improperly, has been utilized for treating corona patients during the years 2019-
20 and 2020-21. If the impugned order is allowed to be given effect, then
1. The students, who have been admitted without sponsorship of the
CENTAC, would lose their degrees in PG course, which they already
underwent for the past three years and wrote their final examinations and
are awaiting the results;
2. Medical education imparted to those students for the past three years
would be a waste and nobody would be benefitted.
3. The society would lose the services of medically trained post graduate
Doctors. Even though the students have been discharged by the Medical
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W.A. No. 796 of 2021
Council of India on the ground that they have not been sponsored by the
CENTAC, it is a fact that they are all NEET qualified candidates.
7. Even though Ms. Subharanjani, Learned Counsel appearing for the
Second Respondent /National Medical Commission would submit that the
discharge students have been admitted in violation of the procedure, the reasons
given in the above paragraph, would take care of the submission made by Ms.
Subharanjani. No doubt the students have been admitted in violation of the
procedure and they cannot be found fault with for the said violation and only
the institution has to be found fault with.
8. While passing this judgment, this Court also takes into consideration of
the order passed by the Hon'ble Supreme Court of India in W.P. (Civil) No. 40
of 2018, wherein, while dealing with improper admission of M.B.B.S. Students
in Medical Course, the Hon'ble Apex Court permitted those students to
continue their education, who have already completed their 2 years course
observing that nothing would be achieved by sending them out of the
institution.
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W.A. No. 796 of 2021
9. In view of the above position also, the rights of the students have to be
safeguarded. However, this Court is not going to let the institution go scot free.
Therefore, the impugned order, which discharges the students from the
Appellant Institution terming their admission as illegal or improper, is set aside
for the reasons stated above. The penalty of Rs.5,00,000/- imposed on the
institution, which adopted improper procedure for filling up the seats and
admitted candidates without sponsorship of CENTAC, payable in favour of
Covid-19 Relief Fund Puducherry is sustained. That apart, this Court directs the
Appellant to pay a further sum of Rs.10,00,000/- to Pondicherry Advocates
Welfare Fund Scheme, within a period of two weeks from the date of receipt of
a copy of this judgment.
10. With the above directions, this Writ Appeal is disposed of. Consequently,
connected miscellaneous petition is closed. No costs.
[N.K.K., J.] [T.V.T.S., J.]
29.07.2021
Maya
Index : Yes
Internet : Yes
Speaking order
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W.A. No. 796 of 2021
To
1. The Under Secretary
Ministry of Health and Family Welfare
Nirman Bhawan, New Delhi – 110 001.
2. The Medical Council of India
Represented by its Joint Secretary
(now superseded by the National Medical Commission)
Represented by its Secretary
Pocket – 14, Sector – 8
Dwarka, Phase – I, New Delhi – 110 077.
3. The Under Secretary to Government (Health)
Chief Secretariat, Puducherry.
4. Central Administrative Committee (CENTAC)
Represented by Chairman / Convenor
Pondicherry Engineering College Campus
Puducherry – 605 014.
https://www.mhc.tn.gov.in/judis/
W.A. No. 796 of 2021
N.KIRUBAKARAN, J.
and
T.V.THAMILSELVI, J.
Maya
W.A. No. 796 of 2021
Dated : 29.07.2021
https://www.mhc.tn.gov.in/judis/
