Madras High Court
Pondicherry Institute Of Medical ... vs Government Of Puducherry on 1 April, 2022
W.P.No.8100 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No. 8100 of 2022
WMP.Nos.8081 & 8083 of 2022
Pondicherry Institute of Medical Sciences
Rep. by its Chairman M.Phillip
Kalapet, Puducherry-605 014. ...Petitioner
Vs.
1.Government of Puducherry
Rep. by its Under Secretary (Health)
Health Department,
Chief Secretariat Puducherry.
2.Centralized Admission Committee
Rep. by Coordinator (Admission)
Government of Puducherry, Pondicherry
Engineering College Campus
Puducherry-605 014. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of certiorarified mandamus calling for the records of the 1st
respondent in letter dated 28.03.2022 in Ref. No.27209/ Health / H5/ 2021-
22/ 168 and the consequential Revised Schedule and Important Instructions
for MBBS Mop-up Counselling dated 29.03.2022 in Ref.
CENTAC/UG/Admin/ 2021-22 issued by the 2nd respondent quash the
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W.P.No.8100 of 2022
same and consequently direct the 2nd respondent to conduct the mop-up
round of Counselling for the Management quota seats in MBBS / PG
medical seats available in the petitioner Institution by allowing candidates on
All India basis to participate.
For Petitioner : Mr.ARL Sundaresan
Senior Counsel for
Mr.Abishek Jenasenan
For Respondents : Mr.J.Kumaran,
Additional Government Pleader
assisted by
Mr.A.Alexander,
Government Advocate
ORDER
The petitioner is a minority institution established in the Union
Territory of Puducherry. It was established by the Madras Medical Mission
in the year 2000 as a Religious (Christian) Minority Institution and has been
conducting courses for under graduate (UG) as well as post graduate (PG) in
various clinical and non-clinical specialties.
2. It is affiliated to the Pondicherry University and in respect of
academic year (AY) 2021-22 had released a prospectus stipulating various
procedures and parameters applicable for admission to undergraduate
professional courses (NEET based) in the Union Territory of Puducherry for
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W.P.No.8100 of 2022
M.B.B.S., B.D.S., B.A.M.S. & B.V.Sc.& A.H. in all quotas.
3. We are concerned in this matter with the reservation and allocation
of seats in line with the avowed reservation policy as reflected in the
prospectus and hence, I extract below the eligibility criteria in this regard for
both UG and PG, as contained in pages 9 and 6 of the respective
prospectuses.
4. For U.G, the stipulation is as follows:
4. (D)-RESERVATION
(i) As per U.T. Govt. norms for all Government quota seats, only
Candidates who are resident of the UT of Puducherry are eligible.
Minority Quota Seats in Private Medical / Dental Colleges
(ii) For Minority Quota seats in Minority Medical / Dental
Colleges candidates who are residents of the U.T. of Puducherry and
belonging to respective minorities are only eligible, i.e., for the minority
quota seats in PIMS, candidates who are resident of U.T. of Puducherry
and belonging to Christian religious minority alone are eligible. For the
minority quota seats in SVMC&RI candidates who are resident of the U.T.
of Puducherry and belonging to Telugu linguistic minority alone are
eligible. The details of these seats and the fee structure will be notified by
the Health Department. You are advised to check the CENTAC website for
updates on these.
(iii) U.T. of Puducherry candidates claiming seats under
Christian Minority Quota should produce any valid documentary proof
like Transfer Certificate or similar document to prove his/her religion is
CHRISTIANITY.
(iv) U.T. of Puducherry candidates claiming seats under Telugu
Minority Quota should produce any valid documentary proof like Transfer
Certificate or School admission certificate to prove his/her mother tongue
is TELUGU.
(v) Conversion of Minority Quota seats into General
Management Quota seats: In case these minority quota seats are not
filled in the TWO rounds of Counselling, then these unfilled seats will be
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W.P.No.8100 of 2022
converted to general management quota seats and filled on. All India
basis.
(vi) For Management Quota seats in Private Colleges candidates
are eligible on All India basis without any restriction regarding residence
in the U.T. of Puducherry.
5. For P.G, the eligibility qualification is as follows:
ELIGIBILITY CRITERIA
Students should be citizens of India
Students seeking admission to PG Medical Courses should have qualified
in the NEET-PG 2021 conducted by National Board of Examinations.
Students should have passed their MBBS Examination of any recognized
University and completed the CRRI period on or before 31.03.2021.
For Government Seats and Govt. Quota Seats in Private Medical
Colleges
Apart from the above eligibility criteria, students who are claiming
Government Quota seats should be residents of U.T. of Puducherry and
they have to furnish residence certificate issued by competent authority. If
the residence certificate is not produced, then they will not be eligible for
Government Quota.
6. Thus, the premise upon which the institutions as well as the
aspirants proceed is that minority quota would be taken note of for the
allocation of seats, up to the stage of mop-up. Thereafter, when one arrives
at the stage of mop-up and stray vacancy counselling, the minority quota
will stand converted into general seats and would be open on all India basis
without any restriction regarding residence in the Union Territory of
Puducherry.
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W.P.No.8100 of 2022
7. As far as the PG course is concerned, the requirement for residence
in UT of Puducherry was restricted only to Government Quota seats leading
to the clear mandate that aspirants to seats in management quota would not
be required to furnish proof of residence from the first stage of counselling
onwards.
8. Notification dated 22.03.2022 also sets out the same mode of
counselling as prescribed under the prospectus. Thus, both the Institute and
the aspirants have been led to believe that it is the system of reservation that
has been set out under the prospectus that would be followed till
22.03.2022.
9. The date of mop-up counselling is stated to be 28.03.2022. While
this is so and as a bolt from the blue, the respondents have issued the
impugned letter on 28.03.2022, which is the same date as the counselling
itself, altering the methodology of allocation of seats and stating that 'seats
should be allotted on first priority basis to the candidates from
Puducherry domicile, failing which seat remaining vacant be filled on all
India basis'.
10. There is a marked change in in the methodology for reservation
and allocation of seats. Where, previously, the relevance of
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W.P.No.8100 of 2022
residence/domicile in Puducherry was restricted to the first two rounds of
counselling in UG courses and none at all as far as PG courses is concerned,
with the issuance of the impugned communication, the weightage accorded
to ‘residence’ in the Union Territory of Puducherry has increased, in my
considered view, arbitrarily and at the eleventh hour.
11. Mr.Kumaran, who has obtained instructions expeditiously,
bearing in mind the urgency of the matter, relies on a Government Order in
G.O.Ms. No.36, dated 25.08.2017 issued in relation to minority institutions
in Puducherry. The petitioner is a religious minority and Shri
Venkateshwara Medical College Hospital and Research Institute,
Puducherry, is a linguistic minority. As per the aforesaid G.O., 50% of their
approved intake would have to be allotted to the students of religious and
linguistic minority, even for the mop up counselling for the M.B.B.S.
courses.
12. However and admittedly, this basis of reservation and allocation
has not found favour of continuance for the subsequent years and for
academic year 2018 onwards the Union Territory has admittedly lapsed
back to the erstwhile system of reservation and allocation which is what is
prescribed in the prospectus for the present academic year as well.
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W.P.No.8100 of 2022
13. This Court does not for a moment intend to examine matters of
policy except if it is shown to be perverse. It is the prerogative of the Union
Territory to take a particular stand with regard to matters of reservation and
policy and well within their domain to do so, however, in a manner which
will not impact the working of the Institution and planning of the candidates
themselves.
14. Medical aspirants engage in substantial analysis of available
courses, seats and institutions to equip themselves to deal with the ruthless
competition today. For the Government to change the rules of the game at
the eleventh hour, would, in my considered view, be unacceptable and
arbitrary.
15. Mr.Kumaran relies on a judgment of the Hon’ble Supreme Court
in the case of Rajiv Kapoor Vs. State of Haryana ((2000) AIR SC 1476). In
that judgment the Supreme Court was concerned with a challenge to an
order of the Division Bench of the Punjab and Haryana High Court. The
Division Bench set aside the orders of the Government that prescribed a
certain methodology of marking of the candidate to arrive at a determination
as to the merit or otherwise of the particular candidate.
16. The Division Bench set aside the order of the High Court
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W.P.No.8100 of 2022
proceeding on the basis that the prescription of the prospectus should not be
deviated from by the institutions. The decision was reversed by the Hon’ble
Supreme Court on the ground that there was sufficient flexibility available in
the prospectus itself for the merit of the student, including the marking
system, to be taken note of. In this regard, they refer to earlier Government
Orders providing for a marking methodology and in that context state that
the subsequent orders of the Government providing for a particular
methodology of marking did not deviate from the prospectus itself.
17. This case does not advance the case of the respondent as the facts
are entirely different and distinct. In this case, the Government has, till the
date of mop up counseling, led all stake holders to believe that a particular
policy of reservation and seat allocation will be followed. There is absolutely
no basis for an arbitrary change at the last moment and no justification
whatsoever is put forth in this regard. The impugned communication
bringing about this last minute change in the policy of reservation and
allocation is thus quashed.
18. The policy as stipulated by the prospectus shall be followed for the
present year. This is also for the reason that the policy as per prospectus has
been followed till AY 2016-17 and from AY 2018-19 onwards till the
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W.P.No.8100 of 2022
present year. It is for the respondent to take a considered view in regard to
this matter for the forthcoming years, needless to say, in accordance with
law and a timely fashion.
19. This writ petition is allowed. Connected miscellaneous petition is
closed. No costs.
01.04.2022
Index : Yes
Speaking Order
ska/vs
To
1.Government of Puducherry
Rep. by its Under Secretary (Health)
Health Department,
Chief Secretariat Puducherry.
2.Centralized Admission Committee
Rep. by Coordinator (Admission)
Government of Puducherry, Pondicherry
Engineering College Campus
Puducherry-605 014.
https://www.mhc.tn.gov.in/judis
W.P.No.8100 of 2022
DR.ANITA SUMANTH,J.
ska/vs
W.P.No. 8100 of 2022
WMP.Nos.8081 & 8083 of 2022
01.04.2022
https://www.mhc.tn.gov.in/judis
