Madras High Court
K.Sindhu vs The State Represented By Its on 17 April, 2023
W.P.Nos.11059 to 11061
of 2015 and 4233 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016
and
W.M.P.Nos.1 to 3 of 2015, 1 to 4 of 2015, 1 to 3 of 2015,
28629 to 28631 of 2018 & 3544 of 2016
W.P.Nos.11059 to 11061 of 2015:
1.K.Sindhu ... Petitioner
in W.P.No.11059 of 2015
2.C.Abirami ... Petitioner
in W.P.No.11060 of 2015
3.A.Soundarya ... Petitioner
in W.P.No.11061 of 2015
Vs.
1.The State represented by its
The Chief Secretary to Government of Tamil Nadu
Department of Home,
Fort St. George,
Chennai – 600 009.
2.The District Collector,
Thiruvallur District,
Thiruvallur.
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3.The Superintendent of Police,
Thiruvallur District,
Thiruvallur.
4.The Registrar
Tamil Nadu Dr.MGR Medical University,
66, Anna Salai,
Guindy,
Chennai – 32.
5.The Chairman,
O/o. The Chairman
Medical Education
DD Medical College and DD Hospital
Kunnavalum Post,
Thiruvallur District.
6.The Dean
DD Medical College and DD Hospital,
Kunnavalum Post,
Thiruvallur District.
7.The Medical Council of India,
New Delhi.
8.The Tamil Nadu Medical Council,
Chennai. ... Respondents
(in 3 WPs)
[R7 & R8 are suo-motu impleaded as per order dated
16.03.2017 in W.P.Nos.11059 to 11061 of 2015]
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W.P.Nos.11059 to 11061
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Common Prayer: Writ Petitions filed under Article 226 of the Constitution
of India for issuance of a Writ of Mandamus, directing the respondents to pay
compensation to a total sum of 30 lakhs for the loss of educational rights and
petitioner future life and ambition of petitioner parents.
For Petitioners : Ms.K.Akshaya
For Mr.S.Manoharan
(in 3 WPs)
For R1 to R3 : Mr.S.Ravichandran
Additional Government Pleader
(in 3 WPs)
For R4 : Mr.D.Ravichander
(in 3 WPs)
For R5 & R6 : Mr.N.Ganesh Kumar
(in 3 WPs)
For R7 : Ms.Shubharanjani Ananth
[For NMCI]
(in 3 WPs)
For R8 : Mr.J.Jayamalan
(in 3 WPs)
W.P.No.4233 of 2016:
Balaji Nambi Saravanan T ... Petitioner
Vs.
1.The Secretary to Government
Health and Family Welfare Department,
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W.P.Nos.11059 to 11061
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Government of Tamil Nadu,
Fort St. George,
Madras – 9.
2.D.D. Medical College and D.D Hospital,
Represented by its Chairman T.D Naidu,
61, D.D Nagar Bus Stop,
Kunnavalam Post,
Thiruvalur Taluk and District.
3.The Medical Council of India
Represented by its Secretary,
Pocket 14, Sector-8
Dwarka Phase-1
New Delhi 110 077.
4.Kameshwaran.V
5.G.Mounica
6.Akash.R
7.Divyasree
8.Manivasagan.G
9.Shrinidhi
10.Nandhini Devi
11.M.Balaji Manickam
12.Mohamed Shafir M.
13.N.Shanavas
14.C.Asmitha
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15.K.Sahana
16.Griffith Jerson
17.Vinsha Grace
18.G.Priyadharshini
19.Madhumitha.N
20.Keerthana.S
21.P.Sivasankari
22.P.Sabaris Manikanda Prabu
23.Kamal Pandian P.R
24.Prahathes.A
25.M.Naveen Kumar
26.S.Saravanan
27.J.Sathis Kumar
28.L.S.Sangeetha
29.M.Elamvaluthi
30.K.Thivyabharathi
31.Harinee G.T
32.Dhamodharan.S
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33.Dinesh Kumar C.J
34.Arun kumar M
35.M.Suresh Pandian
36.Kishore Kumar B.
37.M.Shyam Sundar
38.S.Sevitha
39.L.Shiningstar
40.A.Saranya
41.M.Priyadharshini
42.D.Delisha
43.S.Subitha
44.Balaramesh K
45.Monika D.N.P.
46.S.Rajeshkumar
47.M.Jayakumar
48.N.V.Arivuuchelvan
49.B.Jenny Sowbiya
50.Jayasurya.K
51.E.Pavithra
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52.Manikandan
53.Maria Pretthi. A
54.G.Poonarasi
55.S.Aravinth
56.T.V.Abirami
57.C.Charumathy
58.Narendran.K
59.Lokeswaran.R
60.R.E.Saravanakumar
61.M.Roja Dharshni
62.Vandarkuzhali.R
63.N.Yoganandan
64.G.Sreekumar
65.G.Kiruthika
66.S.Santhanapandi
67.S.Vignesh
68.S.Niranjana Selvaraj
69.K.Dhanoj Kumar
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70.S.Sangeetha
71.Sri Abiraami ... Respondents
Prayer: Writ Petitions filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 1st respondent to recover the
amount paid by the petitioners from the 2nd respondent as envisaged by the
Hon'ble Supreme Court in 2000 (7) SCC 746.
For Petitioner : Mr.V.Raghavachari
For Mrs.V.Srimathi
For R1 : Mr.S.Ravichandran
Additional Government Pleader
For R2 : Mr.N.Ganesh Kumar
For R3 : Ms.Shubharanjani Ananth
[For NMCI]
For R4 to R71 : No Appearance
COMMON ORDER
The writ petitions are filed to direct the respondents to pay
compensation for the loss of educational rights of the petitioners and their
future life and to recover the fee amount paid to the college.
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2. The petitioners state that pursuant to the advertisement in leading
Tamil and English newspaper about “DD Medical College, DD Nagar, Kunna
Valum Post, Thiruvallur”, they submitted an application for securing
admission to MBBS course 2011 batch. The petitioners submitted
applications with a bonafide belief that the Medical College is recognised by
the Medical Council of India. The said college is affiliated to the Tamil Nadu
Dr.MGR Medical University and got approval from Medical Council of India
for 2011 batch and the college showed the letter of permission from Medical
Council of India. One Smt.Kamala told the petitioners that their college got
Medical Council of India approval for 150 students for 2011 batch. Based on
the promise given by the college authorities, the petitioners have paid the
fees and secured admission to MBBS course. The petitioners paid the
examination fees and and other fees demanded by the college. After securing
admission the petitioners suffered various difficulties and ultimately found
that the college was not properly recognised by the Medical Council of India
and thus, questioned the college admission. The Chairman Mr.T.D.Naidu
threatened the students. The petitioners were subjected to harassment by the
administration of the college and the Chairman. On account of various issues,
the students faced in the college premises and in undergoing the course they
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approached the competent authorities and finally it is brought to the notice of
this Court that the admissions were cancelled and all those students were
intimated about the cancellation of their admissions.
3. The Principal Secretary to Government in its counter affidavit stated
that the D.D Medical and Educational Trust was granted Essentiality
Certificate by the Government for establishing the 'DD Medical College and
Hospital' at Kunnavalam, Tiruvallur District. The Tamil Nadu Dr.MGR
Medical University granted Provisional Affiliation, subject to approval of
Governing Council under the usual terms and conditions to the Trust for
starting of a new Medical College viz., DD Medical College and Hospital,
Kunnavalam Post, Tiruvallur Taluk and District for starting MBBS Degree
Course from the academic year 2010-2011, with an annual intake of 150
seats, subject to conditions that the institution shall be obtained the
recognition of the Medical Council of India for 150 seats and submit the
copy of the same to this University. The Medical Council of India conveyed
the approval of the Board of Governors (Letter of Permission) for
establishment of a new Medical College at Chennai in the name and style of
“DD Medical College and Hospital, Chennai” with an annual intake of 150
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students with prospective effect ie., from the academic year 2010-11 initially
for a period of one year and subject to certain conditions. Accordingly, the
said Medical College admitted the 1st batch of MBBS students without
sharing any seats to the Government quota. The Medical Council of India has
not granted renewal of permission for 2nd batch of admissions for the
academic year 2011-2012 in view of deficiencies pointed by the Council
letter dated 19.05.2012. However, the said college admitted the students in
MBBS course in 2011-2012 batch without the permission of the Medical
Council of India. Hence, the Medical Council of India in its letter dated
14.10.2013 had communicated to the Government of Tamil Nadu as follows:
“The admission made by D.D. Medical College
and Hospital, Tiruvallur, Chennai for the
academic years 2011-2012 and 2012-2013 is made
without the permission of the Board of Governors
under section 10A of the Indian Medical Council
Act, 1956 and as such these students have been
admitted in gross violation of the statutory
provisions. The effect of such violation is laid
down in Section 10 B of the IMC Act, 1956 that
clearly provides that in case a medical college is
established without the permission of the Central
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Government / MCI under Section 10A of the Indian
Medical Council Act, 1956, no medical
qualification granted to any student of such
medical college shall be recognized medical
qualification for the purpose of Indian Medical
Council Act, 1956.
Therefore, the admission made by the college is in
gross violation of the statutory provision and
cannot be considered as valid admissions. The
Council has already in this regard vide public
notice dated 18.01.2013 brought to the notice of
all the concerned that the Medical Council of
India has not granted permission to D.D. Medical
College and Hospital, Tiruvallur, Chennai for the
academic year 2011-2012 and 2012-2013 under
Section 104 of the IMC Act, 1956. Therefore, the
students had been admitted by the college by
playing fraud upon them as these admissions had
been made without having permission u/s 10A of
the IMC Act, 1956.
The State Government may be requested to initiate
action against the management of the college for
such fraudulent activities.”
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The Director General of Police, Chennai, the District Collector, Thiruvallur
District and the Superintendent of Police, Thiruvallur District has been
requested to take appropriate action against the DD Medical College and
Hospital at Kunnavalam,
Tiruvallur District.
4. This Court in its order dated 20.01.2014 in Writ Petition Nos.23089
and 23090 of 2013, directed the Government to give admission to the
students of 2011-2012 and 2012-2013 batches of DD Medical College during
the ensuing academic year and directed the Medical Council of India to issue
appropriate orders in the line of earlier order dated 14.10.2013, permitting the
State Government to accommodate all the above students in 19 Government
Medical Colleges in the State. As per the above orders of this Court, the
Government of Tamil Nadu in letter No.31055 / MCA-2 / 2013-2, Health,
dated 13.02.2014, requested the Medical Council of India to grant one time
permission to the Government of Tamil Nadu to create necessary number of
additional seats in the Government Medical Colleges of the State in order to
accommodate the students of 2011-2012 and 2012-2013 batches of DD
Medical College and Hospital, so as to enable the students to join the first
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year MBBS Course during the academic year 2014-2015. Aggrieved by
orders of this Court dated 20.01.2014, various parties of the above said Writ
Petitions filed Writ Appeal (W.A.Nos.179 to 183 of 2014 and W.A.Nos.284
to 288 of 2014 and W.P.Nos.9225 and 9226 of 2014) against the said order.
In such Writ Appeals, the Division Bench of this Court in its common
judgment dated 30.04.2014, among others, upheld the decision of the
Medical Council of India in having withdrawn the Letter of Permission
granted to the DD Medical College and also set aside the order of the Single
Judge, directing the State Government to accommodate the students of 2011-
2012 and 2012-2013 batches of DD Medical College in 19 Government
Medical Colleges in the State during the ensuing academic year. Against the
said judgment of the Division Bench of this Court, Special Leave Petitions
(Civil) Nos. 14238 / 2014 and 14252 / 2014 were filed before the Hon'ble
Supreme Court of India. The Apex court dismissed the Special Leave
Petitions with the following observation:
“Despite the fact that we have chosen not to
interfere with the impugned order, we consider it
just and appropriate to expressly grant liberty to
the students admitted to the academic courses, i.e.,
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for the years 2011-2012 and 2012-2013 to seek
compensation for the wrongful admissions granted
by the respondent-Medical College, and also to
initiate criminal proceedings against the
respondent-Medical College”.
5. The learned Additional Government Pleader appearing on behalf of
the official respondents made a submission that the Review Application
Nos.68 to 71 of 2014 filed by the 2012 2013 batch MBBS Students Welfare
Association of DD Medical College, praying for review of orders dated
30.04.2014 in Writ Appeals have also been dismissed stating that the
contentions raised on behalf of the applicants are devoid of merits and
unsustainable in the eyes of law and also held that the applicants have not
made out a case for the court to review its order dated 30.04.2014. Moreover,
the Hon'ble Supreme Court of India has expressly granted liberty to the
students admitted to the academic courses, i.e., for the years 2011-2012. and
2012-2013 to seek compensation for the wrongful admissions granted by the
erstwhile DD Medical College and Hospital, Kunnavalam, Tiruvallur District
and also to initiate criminal proceedings against the said Medical College. |
furthermore, on humanitarian grounds, Para Medical / Engineering /
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Agriculture / BioTechnology etc. courses conducted in the various
Universities in Tamil Nadu were offered by the Government to the students
of 2011-12 and 2012-13 batch of the erstwhile 'DD Medical College and
Hospital' at Kunnavalam, Tiruvallur District and certain students have opted
for Bachelor of Physiotherapy (BPT) course, and they have been admitted in
the courses.
6. It is contended that the 1st Respondent / the Secretary to
Government, Health and Family Welfare Department is not the competent
authority to initiate criminal action against the 2nd respondent / College.
However, based on the letter received from the Medical Council of India,
dated 14.10.2013, the Director General of Police, Chennai District Collector,
Thiruvallur, Superintendent of Police, Thiruvallur were requested to take
appropriate action against the 2nd respondent.
7. The various representations of the students of 2011-2012 and 2012-
2013 batch of the erstwhile DD Medical College and Hospital at
Kunnavalam, Tiruvallur District for release of original certificates from the
said Medical College and for compensation for loss of Educational Rights
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have been sent to the Director General of Police, Chennai, the District
Collector, Thiruvallur District and the Superintendent of Police, Thiruvallur
District for taking appropriate action. Further it is stated that 147 MBBS
students, who were admitted during the academic year 2010-2011 in the
erstwhile D.D. Medical College i.e. 2nd respondent in the instant Writ
Petition, with the approval of the Medical Council of India as a special case,
were relocated in various 47 Government Medical Colleges in Tamil Nadu.
the students who had been admitted in the said college during the academic
year 2011-2012 and 2012-2013. The Medical Council of India has informed
that admissions were made without the permission of the Medical Council of
India which is gross violation of the statutory provisions laid down in section
10B of the Indian Medical Council Act, 1956 and requested the State
Government to initiate action against the management of the college for such
fraudulent activities. The Hon'ble Supreme Court of India dismissed the
Special Leave Petition filed against the judgment of Division Bench of High
Court of Madras and granted liberty to the students admitted in the academic
year 2011-2012 and 2012-2013 to seek compensation for the wrongful
admissions granted by the erstwhile DD Medical College and also to initiate
criminal proceedings against the said college. The Government of Tamil
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Nadu on humanitarian grounds offered admissions to the Para Medical and
other Courses to the students of 2011-2012 and 2012-2013 batch admitted in
the erstwhile DD Medical College and certain students have opted and
admitted in the Bachelor of Physiotherapy (BPT) courses. The various
representations received from the affected students have also been sent to the
District Collector, Tiruvallur and the Superintendant of Police, Tiruvallur for
taking appropriate action as per the observations of the Hon'ble Supreme
Court of India in the SLP (No. 14238/2014 and 14252/2014). The Hon'ble
Supreme Court India has clearly observed and has given liberty to the
petitioner and other students admitted in the said college. It is further
submitted that the Essentiality Certificate issued by the Government for
establishing the 'DD Medical College and Hospital' at Kunnavalam,
Tirivallur District in Government Letter No. 20991/ MCA.2. / 2006-9 dated
29.08.2008 has been invalidated.
8. On 03.06.2013, the petitioner lodged a report before the
Superintendent of Police at Tiruvallur against the DD Medical College and
Hospital. The report was forwarded to the District Crime Branch for
investigation. Three F.I.R under Section 294(b), 406, 420 I.P.C was
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registered. During the course of investigation, the chairman of DD Medical
College and Hospital Mr.Deenadayalu Naidu was arrested. The other accused
persons were absconding during the relevant point of time and actions were
taken to arrest all the absconding accused persons. This being the
developments that took during the relevant point of time, when the writ
petition was pending before this Court, the very relief as such sought to grant
compensation cannot be granted by this Court in a writ proceeding. If at all
the petitioners have been aggrieved from and out of the illegal actions of the
College Authorities, they will have to institute appropriate proceedings
before the Competent Court / Forum for seeking the relief of compensation or
otherwise.
9. As far as the Government Authorities and Medical Council of India
are concerned they have acted promptly and further, they have filed a counter
affidavit, stating that no permission was granted and the college authorities
have committed certain irregularities for which actions were also been taken.
This being the factum, the petitioners have to sue the college authorities for
their illegality, irregularities or for the financial losses caused to the
petitioners.
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10. The learned senior counsel appearing on behalf of the petitioner in
W.P.No.4233 of 2016 brought to the notice of this Court that in the criminal
case registered against the DD Medical College, the competent authority of
the State attached the Bank accounts as well as the properties and therefore,
the authorities will be in a position to adjudicate the issues for refund of the
fees paid by the petitioners. Even in such circumstances, the petitioners are at
liberty to approach the competent authorities for the purpose of claiming
refund of their fees already deposited with the college or otherwise in the
manner known to law as expeditiously as possible.
11. The Hon'ble Supreme Court of India in SLP No.1428/2014 passed
an order granting liberty to the students admitted to the academic course that
is for the year 2011-2012 and 2012-2013 to seek compensation for the
wrongful admission granted by the respondents / Medical College i.e., DD
Medical College and also to initiate criminal proceedings against the
respondents. Thus, the petitioners are at liberty to approach the competent
Forum / Appeal Suit for seeking compensation or otherwise.
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12. With this liberty, these Writ Petitions are disposed of. No costs.
Consequently, connected Miscellaneous Petitions are closed.
17.04.2023
Jeni
Index : Yes
Speaking order
Neutral Citation : Yes
To
1.The Chief Secretary to Government of Tamil Nadu
The State
Department of Home,
Fort St. George,
Chennai – 600 009.
2.The District Collector,
Thiruvallur District,
Thiruvallur.
3.The Superintendent of Police,
Thiruvallur District,
Thiruvallur.
4.The Registrar
Tamil Nadu Dr.MGR Medical University,
66, Anna Salai,
Guindy,
Chennai – 32.
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5.The Chairman,
O/o. The Chairman
Medical Education
DD Medical College and DD Hospital
Kunnavalum Post,
Thiruvallur District.
6.The Dean
DD Medical College and DD Hospital,
Kunnavalum Post,
Thiruvallur District.
7.The Tamil Nadu Medical Council,
Chennai.
8.The Secretary,
The Medical Council of India
Pocket 14, Sector-8
Dwarka Phase-1
New Delhi 110 077.
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S.M.SUBRAMANIAM, J.
Jeni
W.P.Nos.11059 to 11061
of 2015 and 4233 of 2016
17.04.2023
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