Madras High Court
Dr.Chennamsetty Teja vs Union Of India on 26 July, 2022
W.A.No.1715 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.A.No.1715 of 2022
Dr.Chennamsetty Teja .. Appellant
Vs.
1. Union of India
Rep. by Director General of Health Service
Ministry of Health and Family Welfare
Government of India
New Delhi
Pin Code 695 121.
2. Medical Counselling Committee (MCC)
Ministry of Health and Family Welfare
Government of India
New Delhi 110 011.
3. The Principal
Christian Medical College
Vellore, Tamil Nadu. ..
Respondents
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W.A.No.1715 of 2022
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 15.07.2022 made in W.P.No.13592 of 2022.
For the Appellant : Mr.K.Sridhar
For the Respondents : Ms.A.Anuradha, CGSC
for Respondents 1 and 2
Mr.Krishna Srinivasan
For M/s. Ramasubramanian
Associates
for Respondent-3
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The writ appeal has been filed challenging the order passed in
the writ petition wherein the prayer of the writ appellant to include
the seat in the next Mop-up Counselling that fell vacant due to his
resignation was rejected.
2. It is the case of the writ appellant that he secured 14th rank
in NEET-SS Clinical Haematology, a Super Specialty Course
conducted by the National Board of Examination in Medical Science,
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W.A.No.1715 of 2022
New Delhi on 10.01.2022. He was allotted DM Clinical Haematology
Course in the third respondent College vide allotment letter dated
08.04.2022 issued by the second respondent. He reported to the
third respondent College on 11.04.2022 and thereafter, he joined
duty on 25.04.2022.
3. Looking to the struggle of the blood cancer patients and
personal problems, the writ appellant submitted his resignation on
14.05.2022. However, he had sent email communications to the
second respondent to include the seat that fell vacant because of his
resignation, in the next Mop-up Counselling, so that he would not be
liable to pay the bond amount to the third respondent College. As
the seat fell vacant due to his resignation was not included in the
Mop-up Counselling, he filed the writ petition.
4. The learned Single Judge, finding that the writ appellant
had been alloted seat in the Round I Counselling and that since he
had opted for Round II Counselling after joining the allotted College,
pursuant to Round I Counselling, he is debarred from resigning his
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W.A.No.1715 of 2022
seat as per Question Nos.37 and 38 of the Counselling Scheme
notified on 20.04.2022 and that he had submitted his resignation
after the dead line fixed in the Counselling Scheme, dismissed the
writ petition.
5. Admittedly, the writ appellant has reported to the allotted
College, pursuant to Round I Counselling on 08.04.2022 and joined
duty on 25.04.2022. He also opted for Round II Counselling.
However, he submitted his resignation on 14.05.2022 and had sent
mails on 09.05.2022, 11.05.2022 and 12.05.2022 requesting the
second respondent to include the seat in the next Mop-up
Counselling that would fell vacant on account of his resignation. The
said resignation was given only after Round II Counselling.
6. As per question Nos.37 and 38 of the Counselling Scheme,
if the candidate joined the allotted College after Round I Counselling
and thereafter, opted for Round II Counselling, he would be
debarred from resigning the seat. For ready reference, question
Nos.37 and 38 are extracted below:
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W.A.No.1715 of 2022
“Q No.37 : Who are eligible for “Exit with
Forfeiture” option?
Ans : a) Candidate who has been allotted a
seat in Round – 1 but does not report at the
college may exit with Forfeiture. (i.e. The
refundable security fee will not be refunded in such
a case)
b. Candidate who has been allotted a seat in
Round -2 but does not report at the college may
exit with forfeiture (i.e., The refundable security
fee will not be refunded in such a case)”.
Q No.38 : Can a candidate resign from
Round – II once he joins the allotted college?
Ans : No”
Question No.38:
7. A conjoint reading of the above questions and answers
would make it clear that the writ appellant, who has submitted his
resignation after joining the College, is not entitled to any benefit.
8. The writ appellant now seeks to include the seat that fell
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W.A.No.1715 of 2022
vacant due to his resignation in the Mop-up Counselling on the
ground that the seat should not go waste. But, according to the
respondents, the above prayer of the writ appellant is only to save
him from the consequences of his resignation in view of the
execution of the bond furnished by him at the time of joining the
College.
9. Learned counsel for the writ appellant relied upon the
decision of Calcutta High Court in the case of Dr.Richa Shukla v.
Union of India [Writ.C.No.3283 of 2022] wherein an interim
order was passed directing the respondents to hold special Mop-up
Counselling for the seat that fell vacant due to the resignation of a
candidate. It is a case where the petitioner therein, who was placed
at Serial No.7 sought admission when the candidate placed at Serial
No.6 took admission and subsequently resigned after second round
of Counselling. The present case is entirely different as the petition
was filed by the candidate, who signed and not by the candidate
aspiring for admission.
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W.A.No.1715 of 2022
10. In the decision relied upon by learned counsel for the
appellant in S.Krishna Sradha v. The State of Andhra Pradesh
[2019 SCC Online SC 1609], a meritorious candidate was denied
admission in MBBS course illegally and he has approached the Court
at the earliest point of time. The Supreme Court finding that for no
fault on the part of the candidate, he was denied MBBS seat,
directed the respondents therein to increase the seat in order to
grant admission to that candidate. The above decision will not be
applicable to the instant case. In the instant case, the writ appellant
is not seeking admission to any course.
11. In Dr.Arup Mohanta v. Union of India [WPA No.9685
of 2022 dated 09.06.2022], relied upon by learned counsel for
the writ appellant, the Calcutta High Court finding that there was a
possibility of allotment of vacant seat in favour of the petitioner
therein if the vacancy had been declared in the seat matrix of Mop-
up Round Counselling, directed the respondents to publish the
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W.A.No.1715 of 2022
vacancy position in NEET-SS course available after Mop-up Round in
the manner as stray vacancy Counselling round and permitted the
petitioner to join the said Counselling process.
12. Even the decision in Dr.Arup Mohanta will not apply to
the instant case because in the instant case, the writ appellant prays
for including the seat that fell vacant due to his resignation, in the
next Mop-up Counselling, so that if that seat is filled, he may not
made liable pursuant to the bond executed by him at the time of
joining the third respondent College and not for permission to allow
him to join in the Mop-up Counselling.
13. In the case of Education Promotion Society for India
v. Union of India [(2019) 7 SCC 38], the Supreme Court held
that the Medical Counselling Committee and the Union of India have
to adhere to the time schedule for completing the admission process
and should not have special stray round of Counselling.
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W.A.No.1715 of 2022
14. Further, in a recent decision in Dr.Astha Goel v. Medical
Counseling Committee [2022 SCC Online SC 735], the
Supreme Court, following the decision of the Apex Court in
Education Promotion Society for India supra, has held that
stray round of Counselling to fill up vacant seats is not permissible.
15. In the light of the aforesaid, the prayer of the appellant
cannot be granted. Thus, we do not find any reason to cause
interference with the order of the learned Single Judge. Further, we
also do not find any locus of the petitioner to pray for the inclusion
of seat in the Mop-up Counselling that fell vacant due to the
resignation.
16. In view of the above, the writ petition is dismissed.
However, it is made clear that if any Mop-up Counselling is
conducted and the seat that fell vacant due to the resignation of the
writ appellant is filled, then the writ appellant may come up again to
make a claim for refund of the amount furnished by him. There will
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W.A.No.1715 of 2022
be no order as to costs. Consequently, CMP No.12242 of 2022 is
also dismissed.
(M.N.B., CJ.) (N.M., J.)
26.07.2022
Index : Yes/No
kpl
To
1. The Director General of Health Service
Ministry of Health and Family Welfare
Government of India
New Delhi
Pin Code 695 121.
2. Medical Counselling Committee (MCC)
Ministry of Health and Family Welfare
Government of India
New Delhi 110 011.
3. The Principal
Christian Medical College
Vellore, Tamil Nadu.
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W.A.No.1715 of 2022
THE HON'BLE CHIEF JUSTICE
AND
N.MALA, J.
kpl
W.A.No.1715 of 2022
26.07.2022
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