Madras High Court
The National Testing Agency vs Shyam on 17 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.10.2024
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HON'BLE MR.JUSTICE P.B. BALAJI
W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
and
CMP.Nos. 20439,20928, 20933, 20934, 20912 and 20930 of 2024
W.A.No. 2848 of 2024
1 The National Testing Agency
Rep. by its Senior Director First Floor
NSIC-MDBP Building Okhala Industrial Estate
New Delhi-110020 ..Appellant
Vs
1 Shyam
2 National Medical Commission
Satarkta Bhawan G.P.O. Complex Block A
INA New Delhi-110023
3 The Medical Counseling Commi
ttee Allotment Process-Counselling
Directorate General of Health Service
Ministry of Health and Family Welfare
Government of India Nirman Bhavan ..Respondents
1
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
Prayer in W.A.No. 2848 of 2024 : Writ Appeal is filed under Clause 15 of
Letters Patent to set aside the common order passed by this Court in W.P.No.
24056 of 2024, dated 04.09.2024.
For Appellant : Mr.AR.L. Sundaresan, Additional Solicitor
(in all Writ Appeals) General
For Respondents : Mr.K.Selvaraj
– For R1 in W.A.Nos.2849 to 2852/2024
Ms.Shubharanjani Ananth -
- For R2 in W.A.No. 2848/2024
- For R5 in W.A.No. 2850 to 2852 /2024
Mr.K.Srinivasamurthy – SPC
For R3 in W.A.No. 2848/2024, 2849,
For R2 in W.A.No. 2786/2024,
For R2& R4 in W.A.Nos.2850 to 2852/2024
COMMON JUDGMENT
(Order of the Court was made by the D.Krishnakumar, J)
Since all these writ appeals challenge the common order issued by the
writ court, they were heard together, and a common judgment is passed.
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W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
2. These writ appeals have been filed against the order of the writ court,
wherein the learned Single Judge directed the registry to place the matter before
the Hon'ble Chief Justice for the constitution of an appropriate Bench to
address the issue concerning the conflicting views taken by different Division
Benches of this Court on the very same issue in WP(MD) No. 19051/2024,
W.A. No. 2602 of 2023, and W.A. Nos. 1109 & 1110 of 2020. Although the
learned Single Judge directed the authorities to consider the writ petitioner's
case on sympathetic grounds, the court also instructed the registry to keep the
writ petitions alive for the purpose of deciding the legal issue. However, the
National Testing Agency has preferred the present writ appeals, challenging the
directions issued by the learned Single Judge, particularly those mentioned in
paragraph 8 of the impugned order.
3. Mr. AR.L. Sundaresan, the learned Additional Solicitor General
appearing for the appellant, submitted that the writ court had rightly concluded
that the relief sought by the writ petitioner could not be granted. However, in
light of extraordinary circumstances, the court granted liberty to the writ
petitioners/1st respondents herein to approach the authority concerned by
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
making a representation, and as a one-time measure, directed the respondent-
authority to place the writ petitioners at the bottom of the OBC rank list.
Although the learned Single Judge issued positive directions in the concluding
part of the order, it was clarified that the writ petitioners' placement at the
bottom of the OBC rank list would be subject to the availability of admissions
in colleges or Deemed Universities where such admissions could be obtained.
4. The learned Additional Solicitor General has further submitted that
the said relief cannot be granted to the writ petitioners/1st respondents as
several candidates are there in the queue waiting for their turn for admission in
the medical colleges and the last date for selection of students in MBBS Course
is on 24.10.2024. Therefore, it is highly impossible to implement the order of
the writ court at this distance point of time, since similarly placed persons who
committed mistake in applying under General category instead of OBC
category and not approached the Court may also seek same relief. Inview of
the practical difficulty in implementing order of the writ court, the National
Testing Agency has preferred these writ appeals.
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
5. Mr. Selvaraj, learned counsel appearing for the 1st respondent/writ
petitioner, made an attempt before this Court and submitted that the writ
petitioners approached the Court due to their own mistake in applying under
the General category instead of the OBC category. He further pointed out that,
on an earlier occasion, similarly placed individuals had approached the Court,
and the authorities concerned, following the Court's directions, had complied
with the order. Therefore, the learned Single Judge, on sympathetic grounds,
issued directions, observing that no prejudice would be caused to the
authorities if the writ petitioners' request were considered.
6. Heard both sides and perused the matierials available on record.
7. Undisputedly, in the impugned order, the learned Single Judge
concluded that, on merit, the writ petitioners are not entitled to relief unless the
matter is decided by the appropriate Division Bench, as referred to by the
learned Single Judge.
8. Although the writ court granted liberty to the 1st respondent/writ
petitioners to seek remedy, we are not granting any relief to the 1st
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W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
respondent/writ petitioners on the merits of the case. Our consideration is
limited to the possibility of granting a concession to the writ petitioners/1st
respondent in these writ appeals for this academic year, pending the decision of
the aforementioned writ petitions. We make it clear that the writ court has
issued directions solely on the sympathetic grounds, therefore the authorities
concerned shall consider the representations of the writ petitoners without
being influenced any observations made by the writ court. Furthermore, the
learned Additional Solicitor General undertakes before this Court that in case
the respondent-authority acceded the request of the writ petitioners, the
appellant /NTA will consider the writ petitioners for selection to the MBBS
course for this academic year in the stray vacancies, subject to their eligibility.
9. In light of the above, we are inclined to issue the following order:
i. The writ petitioners are directed to submit a copy of their
representations dated 24.09.2024, already submitted to the
appellant and the 2nd respondent, along with a copy of this
judgment.
ii. As the last date for the selection process is 24.10.2024, the 2nd
respondent shall consider the said representations and pass orders
on or before 22.10.2024, in accordance with the observations
made in the preceding paragraphs of this judgment.
iii. It is needless to say that the 2nd respondent, after getting
instructions from the appellant, shall pass final orders on the
representations submitted by the writ petitioners/1st respondents
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W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
herein.
iv. We make it clear that the directions issued by this Court are solely
for filling stray vacancies for this academic year and shall not
serve as a precedent.
iv.
10. With the above directions, these writ appeals are disposed of. No
costs.Consequently, connected Miscellaneous Petitions are closed.
(D.K.K., J.) (P.B.B., J.)
17.10.2024
Index: Yes / No
Internet: Yes
ak
Note : Registry is directed to issue a copy of this order on 18.10.2024
To
1 National Medical Commission
Satarkta Bhawan G.P.O. Complex,
Block A, INA, New Delhi-110023
2 The Medical Counseling Committee
Allotment Process-Counselling
Directorate General of Health Service,
Ministry of Health and Family Welfare,
Government of India,
Nirman Bhavan, Maulana Azad Road,
New Delhi.
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
3. Minstry of Health & Family Welfare,
3rd & 4th Floor, Indian Red Cross Society Building,
No.1, Red Cross Road, Sansad Marg Area,
New Delhi.
4. The Secretary,
Ministry of Ayush,
EP (IM-2) Ayush Bhavan,
B – Block, GPO Complex, INA,
New Delhi.
5.All India Ayush Admissions Central Counselling committee
Rep. by its Chairman,
Minstry of Ayush, Ayush Bhawan,
B – Block, GPO Complex, INA,
New Delhi.
6. The Associate Dean for Graduate Medical Education (ADGME)
Directorate General of Health Services ,
Nirman Bhavan, New Delhi.
https://www.mhc.tn.gov.in/judis
W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
D.KRISHNAKUMAR, J.
AND
P.B. BALAJI, J.
ak
W.A.Nos. 2848, 2786, 2849 to 2852 of 2024
and
CMP.Nos. 20439,20928, 20933,
20934, 20912 and 20930 of 2024
17.10.2024
https://www.mhc.tn.gov.in/judis
