Madras High Court
Mr.Joe Praveen Kumar James Rose vs The Union Of India on 19 June, 2025
2025:MHC:1407
WP.No.20847 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 13.06.2025
PRONOUNCED ON : 19.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
WP.No.20847 of 2025
and
WMP.Nos.23543, 23547 & 23559 of 2025
1. Mr.Joe Praveen Kumar James Rose
2. Mr.Manikandan
3. Ms.Divya Kumar
4. Benin Reejan Devaraj
... Petitioners
Vs.
1. The Union of India,
Rep. by its Secretary to Government
Ministry of Health and Family Welfare,
Room No.348, 'A' Wing,
Nirman Bhavan
New Delhi 110 011.
2. The Director General of Health Services,
Ministry of Health and Family Welfare,
Room No.348, 'A' Wing,
Nirman Bhavan
New Delhi 110 011.
3. The State of Tamil Nadu
Rep. by its Secretary to Government
Health and Family Welfare Department,
Fort St. George, Secretariat,
Secretariat, Chennai-60 009.
1/14
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WP.No.20847 of 2025
4. The Director of Medical Education, Tamil Nadu
162, Periyar E.V.R.High Road,
Kilpauk, Chennai-600 010.
5. The Secretary,
Selection Committee,
Director of Medical Education, Tamil Nadu
162, Periyar E.V.R.High Road,
Kilpauk, Chennai-60 010.
... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying
to issue a writ of Certiorarifed Mandamus, calling for the records of the 2nd
respondent pertaining to letter dated 03.06.2025 in file number
F.No.U12021/02/2025-MEC and quash the same, and consequently direct the
2nd respondent to return the 144 super speciality seats in Tamil Nadu medical
colleges belonging to the state quota that was surrendered by the 4th respondent
on 03.06.2025 and consequently direct the Respondents 2 to 5 to hold round
two counselling of the state quota seats in accordance with law and pass such
other further orders as this Hon'ble Court may deem fit and proper in the facts
and circumstances of the present case.
For Petitioners : Mr.Wilson
Senior Counsel
for Mr.Richardson Wilson
For Respondents : Mr.AR.L.Sundaresan
Additional Solicitor General
Ms.V.Sudha for R1 and R2
Mr.K.Tippu Sultan
Government Advocate for R4
Ms.M.Sneha
Special Counsel for R3 & R5
*****
ORDER
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With the consent of both the parties, the main writ petition was taken up
for final disposal.
2. This writ petition has been filed seeking a writ of Certiorarified
Mandamus, to call for the records of the 2nd respondent pertaining to letter
dated 03.06.2025 in file number F.No.U12021/02/2025-MEC and quash the
same, and consequently direct the 2nd respondent to return the 144 super
speciality seats in Tamil Nadu medical colleges belonging to the state quota
that was surrendered by the 4th respondent on 03.06.2025 and consequently
direct the Respondents 2 to 5 to hold round two counselling of the state quota
seats in accordance with law.
3. Heard Mr.Wilson, learned Senior Counsel for Mr.Richardson Wilson,
learned counsel appearing on behalf of the petitioners, Mr.AR.L.Sundaresan,
learned Additional Solicitor General for Ms.V.Sudha, learned counsel
appearing for the respondents 1 and 2, Mr.K.Tippu Sultan, learned
Government Advocate for the 4th respondent and Ms.M.Sneha, learned Special
Counsel for the respondents 3 and 5.
4. Mr.Wilson, learned Senior Counsel appearing on behalf of
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Mr.Richardson Wilson, would submit that the denial of second round
counselling by the 2nd respondent vide their communication dated 03.06.2025
is in contravention to the judgement of the Hon'ble Supreme Court in
Dr.N.Karthikeyan and others Vs. The State of Tamil Nadu and others
reported in 2022 SCC OnLine 331. The learned Senior Counsel would further
submit that the Hon'ble Supreme Court has upheld the State's right to reserve
50% super speciality seats for the in-service candidates, as such, the 2nd
respondent's communication to the 4th respondent to surrender the unfilled
seats before conducting round two State counselling is in contravention to the
Apex Court's judgement, and such conduct would infringe upon the rights of
these petitioners. The learned Senior Counsel also would contend that the 2nd
respondent is acting with discrimination. It is the submission of the learned
Senior Counsel that if the impugned order is permitted to continue, it would
run counter to the interest of the State, as the candidates selected through All
India Quota would return to their own State, thereby, the citizen of this State
would get affected. Hence, prayed to quash the impugned order dated
03.06.2025.
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5. Per contra, Mr.AR.L.Sundaresan, learned Additional Solicitor
General assisted by Ms.V.Sudha, learned counsel for the respondents 1 and 2
would contend that the impugned order was issued in line with the orders of
the Hon'ble Supreme Court of India, and that the All India Quota counselling
has already been completed and results were published allotting the 144 seats
in question, to the prospective candidates. Therefore, would contend that any
interference in the impugned order would cause hindrance to the schedule
approved by the Hon'ble Supreme Court. The learned Additional Solicitor
General would further submit that the prospectus which relied by the
petitioners, has categorically mentioned that the admission would be in line
with the order passed by the Hon'ble Supreme Court in WP.(C) No.53 of 2022
and other letters referred to in Clause 24(b) of the prospectus. It is their further
submission that, for the sake of these petitioners, who according to the
respondents 1 & 2 are fence sitters, the result of All India Quota counselling
should not be interfered, as these petitioners were already provided with the
opportunity to participate in the first round counselling. Hence, prayed to
dismiss this writ petition.
6. Supporting the contention of the petitioners, Ms.M.Sneha, learned
Special Counsel appearing for the respondents 3 and 5 would submit that the
2nd respondent has not given any official communication in respect of their
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counselling schedule. Had they given their counselling schedule well in
advance, the State Government would have conducted second round
counselling for the in-service candidates before All India Counselling.
However, by the act of the 2nd respondent, many of the candidates are affected
by denying their upgradation, and that the Government had already sent a
letter to the Secretary, Ministry of Health and Family Welfare, to permit the
State Government to show the surrendered seat, in the seat matrix for the
second round State counselling, so as to enable the candidates for their
upgradation. Hence, prayed to allow the writ petition.
7. I have given my anxious consideration to either side submissions.
8. The fundamental argument of the learned Senior Counsel for the
petitioners has it's genesis from the judgement in N.Karthikeyan's case [cited
supra]. According to the learned Senior Counsel, 50% seat in the super
speciality courses reserved for the in-service candidates of Tamil Nadu, and
that such reservation would vest absolute right upon these petitioners. It is
their further submission that the above right was protected by the Hon'ble
Supreme Court in Tamil Nadu Medical Officers Association and others Vs.
Union of India and others reported in (2021) 6 SCC 568. This Court
absolutely does not have any grievance over the submission regarding the right
of the State Government to give a preferential treatment to the in-service
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candidates. But, the issue is, as to how these petitioners are affected through
the impugned order.
9. Here, when this Court put pertinent question to the learned Special
Counsel for the respondents 3 and 5, as to whether these petitioners were
permitted to participate in the first round of counselling?, the learned Special
Counsel would fairly submit that there were only 114 applications under the
in-service categories, and that out of 114 applications, there are only 96
eligible candidates, and all the 96 eligible candidates were allowed to
participate in the first round of counselling.
10. However, the learned Senior Counsel appearing for the petitioner
would submit that, though they have participated in the counselling, their right
of upgradation was affected in view of the impugned order. In support of the
above contention, the petitioners had relied upon Karthikeyan's case [cited
supra]. The above order was passed in WP.(Civil) No.53 of 2022. At this
juncture, it is appropriate to refer the relevant portion of the impugned order
dated 03.06.2025:-
“In this regard, it is stated that the matter was put forward to
higher authority, however, the request has not been acceded to
since the delay in commencement of Round-2 will hamper the
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whole All India schedule which has been approved by the
MoHFW and ratified by Hon'ble Supreme Court of India.
Further, the state counselling schedule has to run in tandem
with All India counselling schedule. Hence, conduction of
Round-2 of state counselling before Round-2 of All India
Counselling is not feasible.”
In the above impugned order, guideline approved by the Hon'ble Supreme
Court has been referred.
11. In this regard, it is also appropriate to refer the prospectus Clause
24(b) under the caption of “METHOD OF SELECTION AND
ADMISSION”. The relevant clause is extracted hereunder:-
“METHOD OF SELECTION AND ADMISSION:
24 (a). ...........
(b) As per G.O.(Ms.) No.462, Health and family Welfare
(MCA-1) Department, dated 07.11.00, 50% of the in-service
Super Speciality seats would be filled up based on the marks
obtained in the NEET-SS. The selection and admission is based
on the following orders:
1.As per the Interim orders of Hon'ble Supreme Court
in W.P.(C).No.53 of 2022, Dated: 16.03.2022, 22.03.2022 and
02.12.2022.
2. D.O.Letter No.5233/MCA1/2022-3, Dated 31.03.2022.
3. DGHS Letter Re.No.F.No.U-12021/08/021-MEC,
Dated 02.04.022
Candidates are advised to go through the respective college
websites and satisfy themselves regarding National Medical
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Commission approvals, infrastructure and the rules and
regulations.”
(Emphasis supplied by this Court)
In Clause 24(b)(1), three orders of the Hon'ble Supreme Court passed in WP
(Civil).No.53 of 2022 were referred. Among those, the order dated 16.03.2022
is the one relied by the petitioners reported in 2022 SCC OnLine SC 331.
12. The learned Additional Solicitor General, by inviting paragraph 20
of the above judgment, would submit that the above order is not the final order
and it was only upon the prima facie consideration. Subsequent to the above
order, the Hon'ble Supreme Court has passed another order on 02.12.2022
regarding unfilled seats. For ready reference, this Court deems it appropriate
to extract the relevant portion of the order dated 02.12.2022:-
“We, therefore, permit the State of Tamil Nadu to fill in the seats
reserved on the basis of G.O.No.462 dated 07.11.2020, within a
period of 15 days from today. On the 16th day from today, the State
of Tamil Nadu will inform the Union of India with regard to all
the seats which remain unfilled from the in-service category,
which shall be permitted to be filled in by the Union of India, on
the basis of All India merit list.”
[Emphasis supplied by this Court]
As we already extracted, the selection and admission should also be in line
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with the above order dated 02.12.2022.
13. Though the Special Counsel appearing for the respondents 3 & 5
would invite the attention of this Court that the above order is for the academic
year of 2022, and that the present selection and admission is for the year 2024,
the fact remains, when the prospectus mentioned these orders with specificity,
it is too late to say that the order of the Hon'ble Supreme Court is not
applicable to the 2024 admission.
14. As already submitted, though the Tamil Nadu Government has got
240 super speciality seats under the in-service candidates category, there were
only 96 eligible candidates. Therefore, there is rationale behind the decision of
the State Government in surrendering the seats, otherwise the unfilled seats
would go waste. Though the learned Special Counsel supports the petitioners,
the administrative wisdom of the respondents 3 to 5 are in tune with the
conditions specified in the prospectus. Therefore, the petitioners cannot
challenge such policy decision of the Government. The other way of looking
at the issue is, when the Hon'ble Supreme Court upheld the policy decision of
the State to give preferential right to the in-service candidates upto 50%, these
petitioners have no locus standi to question the similar decision taken by the
respondents 3 to 5 for it's surrender to the All India Quota. As a matter of fact,
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the surrender has not deprived these petitioners, but on the other hand ensured
that all the super speciality medical seats are filled. Here, we must also keep
in mind that from the surrendered seats, if any seats remain unfilled, the same
would be reverted back to the State of Tamil Nadu, to have second round of
counselling.
15. As rightly contended by the learned Additional Solicitor General,
these petitioners were already provided with an opportunity to participate in
the counselling. More strangely, these petitioners did not refer whether they
are qualified to participate in the counselling, and as to how they have been
personally prejudiced with the impugned order. While reading the affidavit, it
only refers about the rights of the State Government. Therefore, if at all any
grievance, that could be only for the respondents 3 to 5. But, they did not
think fit to challenge the impugned order, as their decision is backed by the
Hon'ble Supreme Court order dated 02.12.2022.
16. At this juncture, the learned Senior Counsel for the Petitioners has
made a faint attempt to show that the Government of India is acting with bias
against Tamil Nadu, as it reserved certain seats allotted to the All India Quota
for the benefit of the candidates belonging to State of Punjab, whereas, they
did not do so for Tamil Nadu. In this connection, the learned Additional
Solicitor General would submit that the submission of the learned Senior
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Counsel is in contrary to the factual position, as the seats were removed from
the seat matrix of All India Quota, only on the ground that the recognition of
those courses were withdrawn.
17. In such view of the matter, this Court if of the indubitable view that
the surrendering of 144 seats is in tune with the prospectus released by the
respondents 3 to 5. Accordingly, this Court does not find any merits in this
writ petition.
18. In the result, this writ petition is dismissed. There shall be no order
as to costs. Consequently connected WMPs are also closed.
19.06.2025
(2/2)
kmi
Index : Yes
Speaking order : Yes
Neutral Citation : Yes
To
1. The Secretary to Government
Union of India,
Ministry of Health and Family Welfare,
Room No.348, 'A' Wing,
Nirman Bhavan
New Delhi 110 011.
2. The Director General of Health Services,
Ministry of Health and Family Welfare,
Room No.348, 'A' Wing,
Nirman Bhavan
New Delhi 110 011.
3. The Secretary to Government
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State of Tamil Nadu
Health and Family Welfare Department,
Fort St. George, Secretariat,
Secretariat, Chennai-60 009.
4. The Director of Medical Education, Tamil Nadu
162, Periyar E.V.R.High Road,
Kilpauk, Chennai-600 010.
5. The Secretary,
Selection Committee,
Director of Medical Education, Tamil Nadu
162, Periyar E.V.R.High Road,
Kilpauk, Chennai-60 010.
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C.KUMARAPPAN, J.
kmi
Pre-Delivery Order in
19.06.2025
(2/2)
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