Madras High Court
Najih Sarfraz Khalid vs Saminathan.S on 8 March, 2023
W.A.No.521 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Appeal No.521 of 2023
Najih Sarfraz Khalid .. Appellant
Vs.
1. Saminathan.S
2. Union of India
rep. by the Secretary to Government
Ministry of Health & Family Welfare
New Delhi.
3. The Medical Counselling Committee of
Directorate General of Health Services
Ministry of Health & Family Welfare
Govt. of India, new Delhi.
4. JIPMER
Rep. by its Dean (Academic)
Dhanvantri Nagar
Puducherry.
5. The Director
Department of Health & Family Welfare Service
cum Nodal Officer (Medical Education)
Puducherry. .. Respondents
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W.A.No.521 of 2023
Prayer: Appeal under Clause 15 of Letters Patent against the order
dated 22.02.2023 made in W.P.No.32182 of 2022.
For the Appellant : Mr.T.P.Manoharan
Senior Counsel
For Mr.T.M.Naveen
For the Respondents : Mr.M.Ravi
for Respondent-1
Mr.V.Chandrasekaran
Senior Panel Counsel
for Respondents 2 & 3
Mr.M.T.Arunan
for Respondent-4
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This appeal has been directed against the order of the learned
Single Judge dated 22.02.2023 allowing W.P.No.32182 of 2022 filed by
the first respondent and directing the respondents 2 to 5 to take
appropriate action against the appellant and the first respondent
herein.
2. The appellant is the fifth respondent in the writ petition. He is
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W.A.No.521 of 2023
hailing from a lower middle class family and resident of Mahe, Union
Territory of Puducherry and permanently living in Mahe. He belongs to
Islam-Kappila community, a Backward Class. He scored 96.66% in
12th Standard Public Examination and 621 marks out of 720 marks in
the NEET-UG Medical Examination 2022. His All India Rank is 12186.
In the counselling conducted by the third respondent, he was issued
with Provisional Allotment Letter on 20.10.2022 and accordingly, he
joined the first year MBBS Degree Course in the fourth respondent
College on 22.10.2022 and attending classes from 02.11.2022.
3. Aggrieved by the said allotment, the first respondent, who has
been allotted at JIPMER, Karaikal Campus, filed the writ petition on the
ground that the appellant had obtained the allotment in JIPMER at
Puducherry Campus in the Internal quota for Union Territory of
Puducherry, by suppressing the information that he had also applied
for admission in Kerala. The learned Single Judge, finding that the
appellant had claimed dual nativity, allowed the writ petition, resulting
in the cancellation of the admission of the appellant in the fourth
respondent college. Hence, the above appeal.
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W.A.No.521 of 2023
4. It is an admitted case of all the parties to the proceedings that
the appellant is a native of Mahe, which is the Union Territory of
Puducherry. As the appellant did his schooling in Kerala, he applied for
entrance examination for Medical Course in Kerala, based on his NEET
All India Rank and he was placed in State Rank 880 in the rank list.
Since the appellant and his parents filed an affidavit undertaking that
the appellant had not claimed the benefit of residence for admission in
any other State except Puducherry, suppressing the fact that the
appellant had also applied for admission in the State of Kerala, his
admission in the fourth respondent College was cancelled, pursuant to
the impugned order.
5. Mr.T.P.Manoharan, learned Senior Counsel appearing for the
appellant submitted that the appellant has applied for admission to
Medical Course under Non-Keralite Category and did not claim resident
of Kerala and that though he was ranked at 880 in the State Rank list
in view of his All India Rank of 12816, his name was included in the list
of ineligible candidates for admission.
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W.A.No.521 of 2023
6. Learned Senior Counsel further submitted that there is a
resultant vacancy in JIPMER at Karaikal campus, pursuant to the
transfer of the first respondent to JIPMER at Puducherry campus based
on the order of the learned Single Judge and the same cannot be filled
up as the cut off date fixed by the Apex Court for filling up the
vacancies is 24th December, 2022 and in view of the fact that the
admission of the appellant has been made prior to the cut off date, he
may be permitted to continue his course in JIPMER at Karaikal campus.
7. Considering the facts that the appellant has secured 621
marks out of 720 marks in the NEET UG Medical Examination, 2022
and his All India Rank is 12186, that he has joined the Medical course
in the fourth respondent College on 22.10.2022 and attending classes
from 02.11.2022, that he was declared by the State of Kerala as
ineligible for admission in any of the Colleges in Kerala, and that there
is a vacancy in JIPMER at Karaikal campus which cannot be filled up
now and it would go waste and that inadvertently his parents have
registered in Kerala also for admission, but no admission was availed,
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W.A.No.521 of 2023
we permit the appellant to continue his course in JIPMER at Karaikal
campus and direct the Medical Council of India to revive the admission
of the appellant and to permit him to continue his course in JIPMER at
Karaikal campus.
8. The writ appeal is allowed. There will be no order as to costs.
Consequently, CMP No.4947 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.)
08.03.2023
Index : Yes/No
Neutral Citation : Yes/No
Note to Office:
Issue order copy tomorrow (09.03.2023)
kpl
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W.A.No.521 of 2023
To
1. The Secretary to Government
Ministry of Health & Family Welfare
New Delhi.
2. The Medical Counselling Committee of
Directorate General of Health Services
Ministry of Health & Family Welfare
Govt. of India, new Delhi.
3. Dean (Academic)
JIPMER
Dhanvantri Nagar
Puducherry.
4. The Director
Department of Health & Family Welfare Service
cum Nodal Officer (Medical Education)
Puducherry.
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W.A.No.521 of 2023
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY,J
(kpl)
W.A.No.521 of 2023
08.03.2023
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