Madras High Court
Maria Homeopathy Medical College vs The Tamilnadu Dr.M.G.R.Medical ... on 9 March, 2022
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
and W.M.P.(MD).Nos.11721, 11732 & 11737 of 2020, 12087 & 12088
of 2021, 1902, 1905 & 3364 of 2022
W.P.(MD).No.14059 of 2020
Maria Homeopathy Medical College,
Rep. by its Principal,
Dr.D.Dilipkumar,
Perai,
Thiruvattar,
Kanniyakumari District. .. Petitioner
Vs
1.The Tamilnadu Dr.M.G.R.Medical University,
No.69, Annasalai,
Guindy, Chennai – 600 032.
2.The Secretary,
National Commission for Homeopathy,
Medical Assessment and Ration Board for Homeopathy,
No.61-65, Institutional Area, Opp D Block, Janakpuri, New Delhi – 58.
3.The Secretary,
Health and Family Welfare Department, Secretariat, Chennai – 9.
4.The Commissioner of Indian Medicine,
The Directorate of Indian Medicine,
Aringar Anna Hospital Campus, Arumpakkam, Chennai – 106.
1/14
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W.P.(MD)Nos.14059, 14065 & 14069 of 2020
5.The Registrar,
The Tamilnadu Dr.M.G.R.Medical University,
No.69, Annasalai, Guindy, Chennai 600 032.
(R2 to R5 are impleaded vide Court order dated 04.03.2022 in W.M.P.
(MD).No.2514 of 2022 in W.P.(MD).No.14059 of 2020)
.. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondent herein to approve the
students of the petitioner college admitted in the course BHMS (Bachelor
of Homeopathy Medicine and Surgery) for the academic year 2019-2020
in the lapsed seats in the light of the orders passed by the Honourable
Supreme Court in Civil Appeal No.603/2020, dated 02.02.2020, based on
the representation of the petitioner College, dated 14.03.2020 and allow
the students to writ the examination and publish the results within the
time stipulated by this Court.
For Petitioner : Mr.M.Ajmal Khan, Senior Counsel
for M/s.M.E.Ilango
For Respondents : Mr.S.Ramesh for R1 and R5
Standing Counsel
Mrs.L.Victoria Gowri for R2
Assistant Solicitor General
Mr.M.Lingadurai for R3 and R4
Special Government Pleader
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
W.P.(MD).No.14065 of 2020
Maria Siddha Medical College and Hospital,
Rep. by its Principal,
Dr.S.Soundararajan
Thottavaram,
Moovatumugham (Po)
Kanniyakumari District 629 177. .. Petitioner
Vs
1.The Tamilnadu Dr.M.G.R.Medical University,
No.69, Annasalai,
Guindy, Chennai – 600 032.
2.The Secretary to Government,
Health and Family Welfare Department, Secretariat, Chennai – 9.
3.The Commissioner of Indian Medicine,
The Directorate of Indian Medicine,
Aringar Anna Hospital Campus, Arumpakkam, Chennai – 106.
4.The Registrar,
The Tamilnadu Dr.M.G.R.Medical University,
No.69, Annasalai, Guindy, Chennai 600 032.
(R2 to R4 are impleaded vide Court order dated 04.03.2022 in W.M.P.
(MD).No.2509 of 2022 in W.P.(MD).No.14065 of 2020)
.. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondent herein to approve the
students of the petitioner college admitted in the course BSMS (Bachelor
of Siddha Medicine and Surgery) for the academic year 2019-2020 in the
lapsed seats in the light of the orders passed by the Honourable Supreme
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
Court in Civil Appeal No.603/2020, dated 02.02.2020, based on the
representation of the petitioner, dated 24.02.2020 and allow the students
to writ the examination and publish the results within the time stipulated
by this Court.
For Petitioner : Mr.M.Ajmal Khan, Senior Counsel
for M/s.M.E.Ilango
For Respondents : Mr.S.Ramesh for R1 and R4
Standing Counsel
Mr.M.Lingadurai for R2 and R3
Special Government Pleader
W.P.(MD).No.14069 of 2020
Maria Ayurveda Medical College,
Rep. by its Principal,
Kulathadivilai,
Moovatumugham Post,
Kanniyakumari District. .. Petitioner
Vs
1.The Tamilnadu Dr.M.G.R.Medical University,
No.69, Annasalai,
Guindy, Chennai – 600 032.
2.The Secretary to Government,
Health and Family Welfare Department, Secretariat, Chennai – 9.
3.The Commissioner of Indian Medicine,
The Directorate of Indian Medicine,
Aringar Anna Hospital Campus, Arumpakkam, Chennai – 106.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
4.The Registrar,
The Tamilnadu Dr.M.G.R.Medical University,
No.69, Annasalai, Guindy, Chennai 600 032.
(R2 to R4 are impleaded vide Court order dated 04.03.2022 in W.M.P.
(MD).No.2507 of 2022 in W.P.(MD).No.14069 of 2020)
.. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondent herein to approve the
students of the petitioner college admitted in the course BAMS (Bachelor
of Ayurveda Medicine and Surgery) for the academic year 2019-2020 in
the lapsed seats in the light of the orders passed by the Honourable
Supreme Court in Civil Appeal No.603/2020, dated 02.02.2020, based on
the representation of the petitioner, dated 24.02.2020 and allow the
students to writ the examination and publish the results within the time
stipulated by this Court.
For Petitioner : Mr.M.Ajmal Khan, Senior Counsel
for M/s.M.E.Ilango
For Respondents : Mr.S.Ramesh for R1 and R4
Standing Counsel
Mr.M.Lingadurai for R2 and R3
Special Government Pleader
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
COMMON ORDER
These writ petitions have been filed for a Mandamus seeking
direction to recognize the students admitted by the respective petitioner's
institutions in respect of the lapsed seats.
2.According to the respective institutions, since the second
counselling was not conducted, though they were entitled for allotment
of more seats as per the sanctioned limit, they were unable to fill the
entire quota of seats. The seats to be filled up pertains to Siddha,
Ayurvedic and Homeopathy (undergraduate courses).
3.In respect of Homeopathy course, the total seats eligible to be
admitted by the petitioner was 60 students. Out of the 60 students, the
petitioner was able to fill up only 7 students under the State quota and 6
students under the Management quota, in all put together 13 students,
based on the first counselling conducted by the respondents. Since the
second counselling was not conducted, 47 seats got lapsed. The
petitioner has admitted 17 students, out of the remaining 47 lapsed seats
on or before 15.10.2019, which is the cut off date for admission. The
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W.P.(MD)Nos.14059, 14065 & 14069 of 2020
petitioner made several representations that is on 22.02.2020, 24.02.2020
and 14.03.2020, to the respondents seeking to regularize the students
admitted under the lapsed seats quota. The representations were not
considered by the respondents. Finally one more representation was
given on 24.01.2022 for the very same purpose. Since the said
representations have not been considered, the petitioner has filed W.P.
(MD).No.14059 of 2020, in respect of the lapsed seats for Homeopathy
Course, seeking for a mandamus to direct the respondents to
recognize/approve the petitioner's filled up of 17 students in the lapsed
category.
4.Insofar as the Siddha Course is concerned, the petitioner was
eligible to admit 100 students, but under the first counselling, only 57
students were allotted to the petitioner's institution for the said Course
and the balance of 43 seats have became lapsed. The petitioner had
admitted 12 students out of 43 seats under the lapsed category on or
before 15.10.2019, being the cut of date. Thereafter, as in the earlier
case, the petitioner gave representations to the respondents requesting
them to regularize the students admitted by the petitioner under the
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W.P.(MD)Nos.14059, 14065 & 14069 of 2020
lapsed category. The last such representation given by the petitioner for
the said purpose was on 01.12.2021. Since the representations of the
petitioners were not considered, W.P.(MD).No.14065 of 2020 has been
filed, seeking for a positive direction from this Court to the respondents
to recognize the 12 students admitted by the petitioner for the Siddha
Course under the lapsed category.
5.Insofar as the Ayurvedic Course is concerned, the total number of
students the petitioner's institution is eligible to admit is 60 students. Out
of which, the petitioner was allotted 26 students for admission in the said
course, based on the first counselling held by the respondents. Since the
second counselling was not held, 34 seats became lapsed for the
Ayurvedic Course. Out of the lapsed seats numbering 34, the petitioner
has filled up 15 seats on or before 15.10.2019, which is the cut of date
for admissions. The petitioner has sent several representations,
thereafter, to the respondents, seeking recognition/regularization of the
students admitted in the lapsed quota. The last such representation was
given on 01.12.2021. Since the representations have not been
considered, the petitioner has filed W.P.(MD).No.14069 of 2020, seeking
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W.P.(MD)Nos.14059, 14065 & 14069 of 2020
for a positive direction from this Court to the respondents to regularize
the students admitted under the lapsed quota.
6.Since in all the three petitions, the petitioner has sought for
recognition/regularization of the students admitted under the lapsed
quota, they are disposed by way of common order.
7.Heard Mr.M.Ajmal Khan, learned Senior Counsel appearing for
the petitioner, Mr.S.Ramesh, learned Standing Counsel appearing for the
respondents 1 and 5 in W.P.(MD).No.14059 of 2020 and respondents 1
and 4 in W.P.(MD).Nos.14065 & 14069 of 2020, Mr.M.Lingadurai,
learned Special Government Pleader, appearing for the respondents 3
and 4 in W.P.(MD).No.14059 of 2020 and respondents 2 and 3 in W.P.
(MD).Nos.14065 & 14069 of 2020 and Mrs.L.Victoria Gowri, learned
Assistant Solicitor General, who accepts notice on behalf of the second
respondent in W.P.(MD).No.14059 of 2020, based on the directions
issued by this Court.
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W.P.(MD)Nos.14059, 14065 & 14069 of 2020
8.The learned Senior Counsel appearing for the petitioner on
instructions would now submit that even though the petitioner has sought
for a positive direction, the petitioner is now satisfied, if the petitioner's
representations are considered on merits and in accordance with law, in
the light of the Judgment of the Honourable Supreme Court in the case of
Union of India Vs. Federation of Self-Financed Ayurvedic Colleges,
Punjab and Others, reported in 2020 SCC Online 226. He also drew the
attention of this Court to a Judgment passed by a Division Bench of this
Court, dated 06.01.2021, in W.A.(MD)No.1265 & 1266 of 2020 and
would submit that the identical reliefs as sought for by the petitioners in
these writ petitions were granted by the Division Bench which directed
the respondents to consider the representations and pass orders on merits
and in accordance with law, within a period of six weeks from the date of
receipt of a copy of that Judgment.
9.The learned Special Government Pleader appearing for the State
seeks time to file counter in the main writ petitions. But, since the
students admission is at stake, this Court is of the considered view that
no prejudice will be caused to the respondents, if the petitioner's
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W.P.(MD)Nos.14059, 14065 & 14069 of 2020
representations referred to supra are considered on merits and in
accordance with law. This Court is not expressing any opinion on the
merits of the matter. It is for the state to take a decision as to whether the
petitioner's representations seeking for recognition / regularization of
students under the lapsed category can be permitted or not. Whether the
Judgment of the Honourable Supreme Court relied upon by the learned
Senior Counsel referred to supra will apply to the case of the petitioner
or not, it is for the State to consider the same in the final orders to be
passed by it, pursuant to the directions given by this Court today.
10.The learned Standing counsel appearing for the University
would submit that only those who have appeared in the NEET
examinations and scored qualified percentile for the admissions can
alone, if at all, be admitted under the lapsed category.
12.Accordingly, this Court directs the respective second
respondents in the respective writ petitions to consider the petitioner's
representations seeking for regularization / recognition of students
admitted by the petitioner to the Ayurvedic, Homeopathy and Siddha
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W.P.(MD)Nos.14059, 14065 & 14069 of 2020
undergraduate courses, under the lapsed category, referred to supra and
pass final orders on merits and in accordance with law, after affording a
fair hearing to the petitioner including granting their authorised
representative a personal hearing, within a period of twelve weeks from
the date of receipt of a copy of this order.
13.With the aforesaid directions, these writ petitions are disposed
of. No costs. Consequently, connected miscellaneous petitions are closed.
09.03.2022
Index: Yes/No
Internet : Yes/No
TM
Note:In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy,
shall be the responsibility of the Advocate/litigant
concerned.
To
1.The Tamilnadu Dr.M.G.R.Medical University,
No.69, Annasalai, Guindy, Chennai – 600 032.
2.The Secretary, National Commission for Homeopathy,
Medical Assessment and Ration Board for Homeopathy,
No.61-65, Institutional Area, Opp D Block, Janakpuri, New Delhi – 58.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
3.The Secretary,
Health and Family Welfare Department, Secretariat, Chennai – 9.
4.The Commissioner of Indian Medicine,
The Directorate of Indian Medicine,
Aringar Anna Hospital Campus, Arumpakkam, Chennai – 106.
5.The Registrar,
The Tamilnadu Dr.M.G.R.Medical University,
No.69, Annasalai, Guindy, Chennai 600 032.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
ABDUL QUDDHOSE, J.
TM
W.P.(MD)Nos.14059, 14065 & 14069 of 2020
09.03.2022
https://www.mhc.tn.gov.in/judis
