Madras High Court
G.R.Harsha vs The Tamil Nadu Dr.Mgr Medical ... on 6 June, 2023
W.P.Nos.16571 and 14616 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.16571 and 14616 of 2023
and
W.M.P.Nos.15860 and 14099 of 2023
G.R.Harsha ... Petitioner in W.P.No.16571 of 2023
R.Aishwarya ... Petitioner in W.P.No.14616 of 2023
Vs.
1. The Tamil Nadu Dr.MGR Medical University,
Represented by its Registrar,
No.169, Anna Salai, Guindy,
Chennai - 600 032.
2. The Selection Committee,
Represented by its Secretary,
Directorate of Medical Education,
No.162, Periyar E.V.R. High Road,
Kilpauk, Chennai - 600 010.
3. Sri Muthukumaran Medical College Hospital
Research Institute,
Represented by its Managing Trustee Gomathi Ammal,
Chikkarayapuram, Near Mangadu,
Chennai - 600 069,
Tamil Nadu – 69. ... Respondents in W.P.No.16571 of 2023
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1. The Tamil Nadu Dr.MGR Medical University,
Represented by its Registrar,
No.169, Anna Salai, Guindy,
Chennai - 600 032.
2. Sri Muthukumaran Medical College Hospital
Research Institute,
Represented by its Managing Trustee Gomathi Ammal,
Chikkarayapuram, Near Mangadu,
Chennai - 600 069,
Tamil Nadu – 69.
3. State of Tamil Nadu,
Represented by its Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai – 600 009.
4. The National Medical Commission,
Rep by its Secretary,
Pocket – 14, Sector – 8, Dwarka,
New Delhi – 110 077. ... Respondents in W.P.No.14616 of 2023
Prayer in W.P.No.16571 of 2023 : Petition filed under Article 226 of the
Constitution of India praying for issuance of Writ of Mandamus, directing
the first respondent Medical University to permit the petitioner to sit for the
forthcoming supplementary examinations to be conducted for the 2nd year
MBBS students admitted in the year 2019-2020 by accepting her
application and prescribed fee thereof and by issuing hall tickets subject to
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the decision that may be rendered in W.P.Nos.28148 and 31524 of 2022
which has been reserved for orders on 23.11.2022 and 25.11.2022 and the
orders is likely to be pronounced sooner or in the month of June or July,
2023.
Prayer in W.P.No.14616 of 2023 : Petition filed under Article 226 of the
Constitution of India praying for issuance of Writ of Mandamus, directing
the respondents 1 & 2 to issue the hall tickets and permit the petitioner to sit
for the M.B.B.S third year semester supplementary examinations (theory
and practical) to be conducted in the 2nd respondent College and declare the
results for the same.
For Petitioners in both W.P.s : Mr.S.Rajendran
For Respondents in both W.P.s : Mr.R.Imayavaramban for R1
for M/s.Ramalingam Associates
Ms.M.Sneha
Standing counsel for R2
COMMON ORDER
Since the issue involved in the present writ petitions are one and
the same they are disposed of by way of this common order.
2. Mr.Imayavaramban for M/s.Ramalingam and Associates
accepts notice for first respondent, Ms.M.Sneha, learned standing counsel
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accepts notice for the second respondent. In view of the consent expressed
by learned counsel appearing on either side these writ petitions are taken up
for final disposal.
3. When the matter is taken up for hearing learned counsel
appearing for the petitioners submitted that an identical issue has come up
before this Court in W.P.No.15459 of 2023 vide order dated 05.06.2023, in
which this Court has held as follows:
“3. The case of the petitioners is that the
petitioners are bonafide students studying MBBS Degree
Course in the third respondent Medical College. On
29.08.2019, the third respondent College notified in their
official website that the College Management proposed to
conduct counseling on 30.08.2019 by 9.00 am at the
College campus to admit students for 9 vacancies which
remained unfilled. The said notification further revealed
that counseling for admission to MBBS Course of their
College for the academic year 2019-2020 was conducted
by the second respondent Selection Committee on
27.08.2019. Out of 150 seats, 9 seats were left unfilled as
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W.P.Nos.16571 and 14616 of 2023
on 29.08.2019 the last date for the selected students to join
in their College and that the College Management
proposed to conduct such counseling. Accordingly, the
petitioners participated in the counseling conducted by the
third respondent College along with other candidates.
Nine students were selected on merit and admitted to the
aforesaid vacancies of the MBBS Course for the academic
year 2019-2020. The petitioners are five among the nine
students. The petitioners dedicated everything and
concentrated in their study for the first year examination
scheduled to be commenced from 15.02.2021. However,
the petitioners were not permitted to take part in the
examination, thereby the third respondent College filed
W.P.No.3234 of 2021 before this Court seeking for
mandamus to direct the respondents 1 and 2 to issue Hall
Ticket to the petitioners to take their examination
scheduled to be commenced from 15.02.2021. But the
petitioners herein were not made as parties to that Writ
Petition. The said Writ Petition was dismissed on
11.02.2021 with a finding that the petitioners admissions
to the vacancies of MBBS Course were without any
recourse to the second respondent Selection Committee
and hence, against the Regulations.
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4. It is the further case of the petitioners is that
aggrieved by the learned Single Judge order, the third
respondent College preferred Writ Appeal in W.A.No.604
of 2021, in which, the petitioners herein were also not
made as parties therein. The Hon'ble Division Bench while
admitting the Writ Appeal on 13.02.2021, granted an order
of interim directions to the respondents 1 and 2 herein to
issue Hall Ticket to the petitioners herein for taking their
first year examination scheduled to be commenced from
15.02.2021, however, their results are directed to be with
held. Subsequently, on 26.04.2021, the Hon'ble Division
Bench was pleased to direct the first respondent University
to publish the result of the petitioners enabling them to
appear in the supplementary examinations if necessary.
Since the petitioners were allowed to write their second
year examinations held in March, 2022, but, its result has
been with held due to the pendency of the litigation
regarding their admission to the MBBS Course,
subsequently, the said W.A.No.604 of 2021 also got
dismissed on 22.06.2022 after contest by the third
respondent Medical College and thereby the petitioners
were made to suffer in the circumstances where they were
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not parties in the Writ Petition and the Writ Appeal and
not given an opportunity of being heard. Aggrieved
against the judgment in W.A.No.604 of 2021, the third
respondent Medical College preferred a Special Leave
Petition in SLP (C) No.12735 of 2022. There petitioners
also, as aggrieved students, preferred Special Leave
Petition in SLP (C) Diary No.23565 of 2022. Both SLPs
came together for hearing before the Hon'ble Supreme
Court on 08.08.2022. But the third respondent College
withdrew its SLP (C) No.12735 of 2022 and the
petitioners in SLP (C) Diary No.23565 of 2022 was also
permitted to be withdrawn with liberty enabling them to
pursue their remedies as available in law before this
Court.
5. In the meantime, the first respondent
University issued the impugned order dated 08.08.2022
directing the third respondent College to discharge the
petitioners from pursuing their MBBS Course, against
which, the petitioners were constrained to approach this
Court in W.P.Nos.28148 and 31524 of 2022 and the Writ
Petitions were heard and orders were reserved on
23.11.2022 and 25.11.2022. Taking advantage of the
pendency of the litigation, the petitioners were not
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permitted to participate in the forthcoming supplementary
examinations scheduled to be held for third year MBBS
students on 07.06.2023. Hence, the present Writ Petition
has been filed.
6. The learned Senior Counsel appearing for the
petitioners would submit that in paragraph No.13 of the
affidavit the petitioners had categorically stated that they
are only seeking a direction to write the supplementary
examination to be held for the third year MBBS Course
which scheduled to be held on 07.06.2023 subject to the
outcome of the Writ Petitions which is reserved for orders.
If the petitioners do not succeed in the Writ Petitions, their
participation in the examination also goes along with the
Writ Petitions. Hence, he prays for allowing this Writ
Petition and to allow the petitioners to write the ensuing
examination.
7. The learned counsel appearing for the
respondents 1 and 2 would submit that though the first
respondent University had already issued the impugned
order to the third respondent College to discharge the
petitioners from MBBS Course, however the said order
was challenged before this Court in W.P.Nos.28148 and
31524 of 2022 and the same was reserved for orders.
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Hence, they pray for dismissal of the Writ Petition.
8. In reply to the said contention, the learned
Senior Counsel appearing for the third respondent College
would submit that though the first respondent University
has already issued a direction to the third respondent
College to discharge the petitioners from MBBS Course,
however the Hon'ble Supreme Court granted liberty to the
petitioners to pursue their remedies before this Court.
Hence, he prays for allowing the Writ Petition.
9. Heard the learned counsel appearing for the
parties and perused the materials placed before this Court.
10. The facts in the present case are not in
dispute. Admittedly, this is a second round of litigation.
The third respondent College filed a Writ Petition which
was dismissed, and when taken on Writ Appeal, a Division
Bench of this Court granted an order of interim directions
to the respondents 1 and 2 to issue Hall Ticket to the
petitioners herein for taking their first year examination
scheduled to be commenced from 15.02.2021, however,
their results are directed to be with held. Thereafter, a
further direction was issued to release the results in order
to enable them to participate in the supplementary
examinations. Subsequently, the Writ Appeal got dismissed
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on 22.06.2022, as against which, the third respondent
Medical College preferred a Special Leave Petition in SLP
(C) No.12735 of 2022 and the petitioners also, as
aggrieved students, preferred Special Leave Petition in
SLP (C) Diary No.23565 of 2022. Both SLPs came
together for hearing before the Hon'ble Supreme Court on
08.08.2022. But the third respondent College withdrew its
SLP (C) No.12735 of 2022 and the petitioners in SLP (C)
Diary No.23565 of 2022 was also permitted to be
withdrawn with liberty enabling them to pursue their
remedies as available in law before this Court.
11. In the meanwhile, the first respondent
University issued the impugned order dated 08.08.2022
directing the third respondent College to discharge the
petitioners from pursuing their MBBS Course. Aggrieved
by the impugned order of the first respondent University,
the petitioners were constrained to approach this Court in
W.P.Nos.28148 and 31524 of 2022. The Writ Petitions
were heard and orders were reserved on 23.11.2022 and
25.11.2022. However, the petitioners were not permitted to
participate in the forthcoming supplementary
examinations to be held for third year MBBS students on
07.06.2023, subject to the Writ Petitions which were
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reserved for orders to be pronounced by this Court at any
time.
12. The learned Senior Counsel appearing for
the petitioners and the learned Senior Counsel appearing
for the third respondent College claim that all along the
petitioners were participated in the first year and second
year examinations, however they were not allowed to
participate in the supplementary examinations for the
third year MBBS Course which scheduled to be held on
07.06.2023. Unless the petitioners participate in the
examination, they would be deprived of their rights in case
they succeed in W.P.Nos.28148 and 31524 of 2022.
13. In view of the affidavit filed by the
petitioners in Paragraph No.13, this Court is inclined to
inclined to dispose of the Writ Petition with the following
directions:
(i) The petitioners are directed to participate in
the examination scheduled to be commenced on
07.06.2023. However, the appearance of the petitioners in
the examination on 07.06.2023 will not give any
enforceable right to them and is subject to the result of the
Writ Petitions in W.P.Nos.28148 and 31524 of 2022 filed
by the petitioners.
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(ii) It is made clear that the petitioners cannot
claim any equity for participation in the subsequent
examinations and this order is confined only to the
examination to be commenced on 07.06.2023.
(iii) The third respondent College is directed to
collect the examination fee from the petitioners and remit
to the first respondent University.
(iv) The first respondent is directed to issue Hall
Ticket to the petitioners enabling them to participate in the
examination scheduled to be commenced on 07.06.2023.
14. With the above directions, this Writ Petition
is disposed of. Consequently, connected W.M.P.No.15011
of 2023 is closed. No costs.”
4. Accordingly the learned counsel for the petitioners prayed this
Court that the same benefit may be extended to these petitioners also.
5. Learned counsel appearing for the respective respondents have
no objection for the said order being passed.
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6. Heard learned counsel appearing on either side and perused the
materials placed before this Court.
7. In view of the issue having been settled already and the present
case falls squarely within the four corners of the said decision, this Court is
inclined to extend the same benefit to these petitioners also with the
following directions:
(i) The petitioners are directed to participate in the
supplementary examinations scheduled to be commenced on
07.06.2023. However, the appearance of the petitioners in
the examination on 07.06.2023 will not give any
enforceable right to them and is subject to the result of the
Writ Petitions in W.P.Nos.28148 and 31524 of 2022 filed by
the petitioners.
(ii) It is made clear that the petitioners cannot
claim any equity for participation in the subsequent
examinations and this order is confined only to the
examination to be commenced on 07.06.2023.
(iii) Sri Muthukumaran Medical College Hospital
and Research Institute / third respondent in W.P.No.16571
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of 2023 and second respondent in W.P.No.14616 of 2023 is
directed to collect the examination fee from the petitioners
and remit to the first respondent University.
(iv) The first respondent is directed to issue Hall
Ticket to the petitioners enabling them to participate in the
examination scheduled to be commenced on 07.06.2023.
8. With the above directions, this Writ Petition is disposed of.
Consequently, connected miscellaneous petitions are closed. No costs.
06.06.2023
NCC: Yes / No
Index : Yes / No
Speaking Order : Yes / No
(rap)
Note: Issue order copy on 06.06.2023.
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To
1. The Registrar,
The Tamil Nadu Dr.MGR Medical University,
No.169, Anna Salai, Guindy,
Chennai - 600 032.
2. The Secretary,
The Selection Committee,
Directorate of Medical Education,
No.162, Periyar E.V.R. High Road,
Kilpauk, Chennai - 600 010.
3. The Managing Trustee Gomathi Ammal,
Sri Muthukumaran Medical College Hospital
Research Institute,
Chikkarayapuram, Near Mangadu,
Chennai - 600 069,
Tamil Nadu – 69.
4. The Secretary to Government,
State of Tamil Nadu,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai – 600 009.
4. The Secretary,
The National Medical Commission,
Pocket – 14, Sector – 8, Dwarka,
New Delhi – 110 077.
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M.DHANDAPANI,J.
(rap)
W.P.Nos.16571 and 14616 of 2023
06.06.2023
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