Madras High Court
V.Sharanraj vs Union Of India on 27 April, 2022
W.P.No.10775 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.10775 of 2022 and
WMP.Nos.10410, 10411 & 10413 of 2022
1.V.Sharanraj
2.R.Nigidha
3.B.Yuvaraj Krishnan
4.S.J.Ashwini ... Petitioners
Vs
1.Union of India,
Rep. by its Secretary,
Ministry of Health and Family Welfare,
Room No.156-A, “A” Wing,
Nirman Bhavan, New Delhi – 110 011.
2.The Union Territory of Puducherry,
Represented by its Chief Secretary,
Secretariat, Puducherry.
3.National Medical Commission,
Rep. by its Secretary,
Pocket 14, Sector-8,
Dwaraka Phase-1,
New Delhi 110 007.
4.The Medical Counselling Committee,
The Assistant Director General (Medical Examination),
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W.P.No.10775 of 2022
Room No.352, A-Wing,
Nirman Bhavan,
New Delhi – 110 011.
5.The Directorate of Health and Family Welfare Services,
cum Nodal Officer (NEET),
Government of Puducherry,
Directorate of Health and Family Welfare Services,
(Medical Education),
Puducherry.
6.The Directorate of Technical and Higher Education,
Centralized Admission Committee,
Government of Puducherry,
Puducherry Technological University 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 5 th
respondent in connection with the impugned rejection order passed by him in
proceedings No.18020/41/LS/DHFWS/2022 dated 23.04.2022 and the
consequential circular issued by the 6th respondent in CENTAC/UG/Admission
2021-22 dated 24.04.2022 and quash the same and consequently direct the
respondents to consider the petitioners admission for MBBS course in the four
reserved Government quota seats in the light of the order passed in
W.P.No.2067 and 2578 of 2022 dated 07.04.2022.
For Petitioners : Mr.K.S.Viswanathan
for Mr.P.Venkatraman
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W.P.No.10775 of 2022
For Respondents : Mr.V.Chandrasekaran (for R1)
Senior Panel Counsel
Mr.J.Kumaran (for R4 to R6)
Additional Government Pleader (Pondicherry)
ORDER
This writ petition is a consequence of an order passed in W.P.Nos.2067
and 2578 of 2022, that were disposed on 07.04.2022. Two issues had arisen for
consideration in that matter, and the first related to applications filed by the
candidates, who had claimed dual nativity. The petitioners’ prayer was to
exclude such candidates from the purview of selection.
2. The above prayer was rejected in favour of the respondents for this
academic year holding that the prospectus did not lay down any such embargo
and hence, it would not be appropriate to impose a condition that did not find
place in the prospectus.
3. As far as the specific case of the petitioners was concerned, the
candidatures were protected by virtue of an interim order passed by this Court
on 25.03.2022 that read as follows:-
“These matters have been coming up repeatedly to
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W.P.No.10775 of 2022
await proper instructions in regard to the clarification issued
by the Centralized Admission Committee (for short,
'CENTAC').
2. Sufficient time has been granted to both
Mr.Arun and Mr.C.T.Ramesh, learned Additional
Government Pleader (P) appearing on behalf of JIPMER and
CENTAC respectively, to provide clarifications in regard to
the issues concerning dual nativity/dual domicile certificates.
Till date, the clarity, as sought for, has not been provided.
Even a copy of the prospectus of CENTAC has not been
placed on file.
3.Mr.C.T.Ramesh, learned Additional Government
Pleader (P) takes instructions from one Mr.Pandian, who
appears on behalf of CENTAC and states that there are four
seats available for the government quota in the Indira
Gandhi Medical College & Research Institute, Puducherry.
4. Since no clarification as sought for by this
Court is forthcoming, despite sufficient time being granted, in
the interest of justice, interim protection is granted to the
petitioners/students.
5. Hence, the four seats, reserved for government
quota in Indira Gandhi Medical College & Research
Institute, Puducherry will be reserved in favour of the four
petitioners, (i) Yuvaraj Krishnan (ii) Sharan Raj (iii)
R.Nigidha and (iv) S.J.Ashwini, subject to the result of these
Writ Petitions
6. Insofar as petitioner by name Soorya in
W.P.No.2067 of 2022 is concerned, the Writ Petition stands
dismissed as withdrawn, as the Court is informed that he has
secured admission in a seat of his choice and thus does not
pursue this writ petition. An endorsement is made to this
effect.
List on 08.04.2022.”
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W.P.No.10775 of 2022
4. In conclusion, the respondents were directed to consider the pending
representations of the petitioners and give effect to order dated 25.03.2022
within one week from date of uploading of that order. Orders have been passed
by the respondents consequent upon the above directions, that is impugned in
this writ petition.
5. In impugned order dated 23.04.2022, the respondents have rejected the
candidature of the petitioners finding their marks inadequate for admission in
the seats, as there are many meritorious candidates who were available in the
respective category.
6. This order is unclear as to who the other ‘meritorious candidates’ are.
Had these candidates been restricted to those aspirants who have not yet secured
the seat as on date, then the order is perfectly acceptable as it is merit that must
form the basis of selection at all stages of selection.
7. However, the respondents have thereafter issued a press release on
24.04.2022, on the heels of impugned order dated 23.04.2022, offering the four
seats reserved for the petitioners on 25.03.2022 to all aspirants who have
applied for seats in Medical Colleges in the Union Territory of Puducherry and
who have secured admission in the counselling that has been completed.
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W.P.No.10775 of 2022
8. This has been assailed by the petitioners on the ground that there is no
provision either in the prospectus or in law to open up the entire process of
selection once again, at the stage of stray counselling. In this regard, reference is
made to the prospectus itself which details the rounds of counselling as follows:-
“Details of Registration Fee
Sl. Free Exit with Ineligible for Amount of
No. Round Exit forfeiture further Registration Fee
offees Counselling
1. FIRST
Government Quota – Rs.10,000
2. SECOND No If not joined If joined [5000/- for SC/ST /OBC/ EBC/
MBC/BCM/BT] Management
Quota - Rs.1,00,000
3. MOP UP No If joined
9.Thus, the prospectus confirms the position that there are only three
rounds of counselling envisaged, the 1st round that is stated to have taken place
on 06.02.2022, the 2nd round stated to have taken place on 11.03.2022 and a
mop-up round stated to have been conducted on 04.04.2022.
10. The respondents, as per prospectus, are required to, and have
conducted three rounds of counselling, the first, the second and the mop-up
round, and the entirety of the procedure has been completed as on 04.04.2022.
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W.P.No.10775 of 2022
11.The counselling thereafter is only to be on a stray vacancy basis, which
means that the reminder of the seats available are to be matched with the
reminder of the aspirants and those aspirants, who have not been allotted seats
thus far, will be offered the reminder of the seats. There is no doubt on the
position that as far as the stray vacancy round is concerned, there could be no
consideration of applications of those students, who have already been granted
seats.
12. This is made clear from the judgment of the Hon'ble Supreme Court in
Nihila P.P. vs. The Medical Counselling Committee and others in Civil Appeal
No.10487 of 2021, dated 16.12.2021, wherein the Court makes it clear that
there shall be no fresh registration of candidate in the stray vacancy round. The
relevant portion of the judgement is extracted below:
‘…….
d) Fresh registration of candidates will be allowed in:
AIQ Round 1
AIQ Round 2
AIQ Mop-Up Round.
e) There will be no fresh registration for candidates in the AIQ Stray Vacancy
Round.’
13. Though specific to All India Quota, this would apply equally for state
counselling as well and, in fact, the prospectus of the Union Territory of
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W.P.No.10775 of 2022
Puducherry makes this position clear in Cause-8 of its prospectus extracted
below:-
“8.List of 1:10 Candidates
After mop up counselling, if any stray vacancies remain,
the list of willing candidates in the ratios of 1:10 (i.e., ten
times the number of vacancies), in order of merit will be
sponsored to the colleges. In order to sponsor only those
candidates who are interested, CENTAC asks specifically for
the willingness of candidates for sponsoring and also may
open fresh registration as well, in addition to the existing
candidates.”
14. This procedure which is the settled procedure, has itself, been applied
by the respondents on 08.04.2022 while considering the case of one candidate
by name Shakthi Lakshmi E. The selection list issued on 08.04.2022 reveals
clearly that the candidate has been pitted against ten (10) other meritorious
candidates, all of whom have been drawn from the pool of remaining candidates
and the priority determined accordingly.
15. The distinction sought to be made by Mr.Kumaran to the effect that
the selection list dated 08.04.2022 relates to a Government quota in a private
Medical College is not found acceptable seeing as we are concerned with
Government quota only, and thus, the distinction sought to be drawn between
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W.P.No.10775 of 2022
Government and private colleges has, in my considered view, no relevance.
16. Pending writ petition, press release dated 24.04.2022 has come to be
withdrawn and communication issued bearing No.27209/Health/H5/2021-22
Puducherry, dated 26.04.2022, which makes a marked departure from the
earlier release, both in terms of the number of seats available for allotment as
well as the methodology for allotment.
17. I was thus constrained to pass order dated 26.04.2022 keeping in
abeyance this new development, by order dated 26.04.2022 stating as follows:
'Mr.V.Chandrasekaran, learned Senior Panel Counsel
accepts notice for R1, Mr.J.Kumaran, learned Additional
Government Pleader (P) accepts notice for R2, R4 and R6 and
Ms.Subaranjani Ananth, learned counsel accepts notice for
R3. All learned counsel seek some time to obtain instructions
and file counters.
2. As the matter is being heard, a communication dated
26.04.2022 which cancels the counselling communicated
under e-mail dated 22.04.2022 and letter dated 23.04.2022 is
circulated. A new methodology for filing up of two unfilled
NRI quotas is now devised.
3. Mr.Kumaran is completely at sea, when faced with
this communication and has no response to the same. That
apart, the communication refers to only two seats, whereas,
the stand all along of the respondents, has been that there are
4 seats for allotment, being the 4 seats dealt with in interim
order of this Court dated 25.03.2022.
4. Let the stand of the respondents be reduced into
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W.P.No.10775 of 2022
writing by way of a short and crisp counter, to be circulated
prior to 27.04.2022.
5. List on 27.04.2022. Counter/written instructions by
then with an advance copy served upon the petitioner.
`7. Status quo, as of today, shall be maintained till
then.'
18. The matter is now listed today to receive the counter of the
respondents in the light of trajectory of events as noted aforesaid. There is no
difference of opinion in the settled position that:
(i) the respondents have completed two rounds of counselling followed by
mop-up round, and thus all that remains is the Stray vacancy round;
(ii) the stray vacancy round as per the judgment of the Hon'ble Supreme
Court as well as the respondents own prospectus, must be restricted to the pool
of unfilled seats and candidates, who have not secured admission thus far;
(iii) the stray vacancy round must undertake a match between the
aforesaid two categories only. Clause 8 of the prospectus refers to the
methodology of 1:10 and this has been followed by the respondents in the
allotment made on 08.04.2022.
19. The only defence that is put forth by Mr.Kumaran is that the four
seats that were reserved on 25.03.2022 were drawn from the NRI quota and
have not been offered for counselling thus far. According to him, these seats,
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W.P.No.10775 of 2022
being unfilled, have been converted to general category seats and must be
offered to all students, even those who have already secured admission in the
previous rounds of counselling. This argument is clearly contrary to the
judgment of the Hon'ble Supreme Court as well as the prospects of the
respondents.
20. The statement of the respondents to the effect that the four seats have
not been offered for counselling is itself factually incorrect as they have formed
part of the pool of seats that were available in all rounds of counselling, but
remain vacant as on date.
21. That apart, even in normal circumstances, the established procedure is
that unfilled seats in all quotas must be offered to students awaiting admission
in the stray vacancy round. There is a clear embargo on students who have
secured admission applying for the unfilled seats in the stray vacancy round as
per the judgement in Nihila’s case, supra.
22. The situation does not become any different in the present case as the
previous rounds of counselling have been conducted on 06.02.2022 and
11.03.2022 and the unfilled seats have been included in pool of seats on offer.
As per the judgement supa and the prospectus, all unfilled seats, of all categories
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W.P.No.10775 of 2022
and quotas, must be converted and offered to the remaining aspirants in the 1:10
proportion.
23. The order of this Court has been passed on 25.03.2022 reserving four
(4) seats to the benefit of the petitioners. The respondents have been stating all
along that they are in full compliance of the order and have reserved the seats as
directed. In the counter now filed, they have, at paragraph 4, stated that two of
the four NRI seats that had reserved in compliance of order dated 25.03.2022
have already been allotted to candidates.
24. There was no stipulation in order dated 25.03.2022 as to which
category the seats reserved must be drawn from. Having projected throughout as
though the respondents are in compliance of order dated 25.03.2022, it is
unacceptable that the respondents turn back on that position now and make
submissions to the contrary. This is clearly unacceptable and untenable and the
procedures followed by the respondents appear clearly opaque and questionable.
25. The statement in counter shows the respondents in poor light as they
admit to a complete lack of co-ordination and transparency between the various
departments. The parties stated to be involved in the haphazard procedure
admitted to in the counter are all respondents in W.P.Nos.2067 and 2578 of
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W.P.No.10775 of 2022
2022 and order dated 25.03.2022 was passed in their presence, specifically
Mr.C.T.Ramesh, who had appeared for CENTAC.
26. The relevant portion of the counter reads as follows:
‘I respectfully submit that the Health Secretariat is the
authority to issue seat matrix. The 6 th respondent herein
namely CENTAC is the counseling authority. The CENTAC
has to follow the seat matrix arrived by the Health
Secretariat. Till 23.04.2000 issuing seat matrix by
converting 4 NRI quota seats into Government quota seats,
the fact that the CENTAC (Counseling Authority) had
already received fees from two NRI candidates viz.
C.P.Sanjay and Sri Eswari. S, was not communicated to the
Health Secretariat. The said two NRI candidates paid the
relevant fees to CENTAC account on 20.02.2022 and
24.03.2022 respectively. On 25.04.2022 the payment made
by the two NRI quota candidates was brought to the
knowledge of the Health Secretariat. Which is subsequent to
the conversion of four NRI seats and issuance of seat
matrix…………’
27. Having submitted to an order of Court and projecting all along that
that order has been complied with, the respondents are bound by the same and
order dated 25.03.2022 shall be complied with scrupulously in light of Clause
10 of the prospectus of the respondents on 1:10 basis. This exercise shall be
carried out by tomorrow i.e. 28.04.2022.
28. The relief sought for in the writ petition stands moulded on account of
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W.P.No.10775 of 2022
the act of the respondents in withdrawing press release dated 24.02.2022 and
issuing communication dated 26.02.2022 pending writ petition and the
challenge in the writ petition is modified to address communication bearing
No.27209/Health/H5/2021-22, dated 26.04.2022 that stands quashed.
29. This writ petition stands allowed in the above terms. No costs.
Consequently, connected miscellaneous petitions are closed.
27.04.2022
vs
Index : Yes
Speaking Order
Note: Upload this order on 28.04.2022.
To
1.Union of India,
Rep. by its Secretary,
Ministry of Health and Family Welfare,
Room No.156-A, “A” Wing,
Nirman Bhavan, New Delhi – 110 011.
2.The Union Territory of Puducherry,
Represented by its Chief Secretary,
Secretariat, Puducherry.
3.National Medical Commission,
Rep. by its Secretary,
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W.P.No.10775 of 2022
Pocket 14, Sector-8,
Dwaraka Phase-1,
New Delhi 110 007.
4.The Medical Counselling Committee,
The Assistant Director General (Medical Examination),
Room No.352, A-Wing,
Nirman Bhavan,
New Delhi – 110 011.
5.The Directorate of Health and Family Welfare Services,
cum Nodal Officer (NEET),
Government of Puducherry,
Directorate of Health and Family Welfare Services,
(Medical Education),
Puducherry.
6.The Directorate of Technical and Higher Education,
Centralized Admission Committee,
Government of Puducherry,
Puducherry Technological University Campus,
Puducherry 605 014.
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W.P.No.10775 of 2022
Dr.ANITA SUMANTH, J.
vs
W.P.No.10775 of 2022
and
WMP.Nos.10410, 10411 & 10413 of 2022
27.04.2022
https://www.mhc.tn.gov.in/judis
