W.A. Nos. 179, 180, 284, 288 and 9225 of 2014. Case: 1. D.D. Medical College and D.D. Hospital rep by its Authorised Trustee & Anr., 2. Board of Governors, Medical Council of India rep by its Secretary, 3. Charumathi and Ors. Vs 1. The Medical Council of India rep by its Secretary, The Secretary Government of Tamil Nadu Department of Health and Family Welfare Secretariat, Tamil Nadu Dr. M.G.R. Medical University rep by its Registrar and The Secretary Ministry of Health and Family Welfare, 2. D.D. Medical College 2012-2013, MBBS Students Welfare Association rep by its President P. Manikandan and Ors., [Alongwith W.A. Nos. 181, 182, 183 of 2014], 3. E. Reshmi Irene and Ors., [Alongwith W.A. Nos. 285, 286, 287 and 288 of 2014], 4. The Chairman Medical Council of India and Ors., [Alongwith W.P. No. 9226 of 2014]. High Court of Madras (India)
| Case Number | W.A. Nos. 179, 180, 284, 288 and 9225 of 2014 |
| Counsel | For Appellant: Mr. V. Prakash, senior counsel for S. Ashokkumar, R. Bhagawat Krishna, Mr. V.P. Raman and Mr. S. Thankasivan, Advs. and For Respondents: Mrs. Nalini Chidambaram, senior counsel for Mrs. C. Uma, Mr. V.P. Raman, Ms. R. Maheswari, SCGSC, Mr. Anand David, Mr. A.L. Somaiyaji, Advocate General assisted by Mr. D. Krishnakumar, AGP, Mr. ... |
| Judges | M. Jaichandren and M. Venugopal, JJ. |
| Issue | Constitution of India - Articles 14, 226; Dentists Act, 1948 - Section 10A; Indian Medical Council Act, 1956 - Sections 10A, 10A(ii), 19, 19(2) |
| Judgement Date | April 30, 2014 |
| Court | High Court of Madras (India) |
Judgment:
M. Jaichandren, J.
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Since the issues involved in all the writ appeals and the writ petitions are similar in nature, they have been taken up together and a common order is being passed.
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Heard the learned counsels appearing for the parties concerned.
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The writ appeals in W.A. Nos. 179,180,181,182 and 183 of 2014, had been filed by D.D. medical college and D.D. Hospital challenging the common order of the learned single Judge of this Court, dated 20.1.2014, made in W.P. No. 28833 of 2013, W.P. No. 27366 of 2013, W.P. No. 23767 of 2013, W.P. No. 23089 of 2013 and W.P. No. 23090 of 2013, respectively.
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The Writ Appeals in W.A. Nos. 284,285,286,287 and 288 of 2014, had been filed by the Board of Governors, Medical Council of India, challenging the common order of the learned single Judge of this Court, dated 20.1.2014, made in W.P. No. 23089 of 2013, W.P. No. 23090 of 2013, W.P. No. 27366 of 2013, W.P. No. 27367 of 2013 and W.P. No. 28833 of 2013, respectively.
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The writ petition, in W.P. No. 9225 of 2014, had been filed praying that this Court may be pleased to issue a writ of Mandamus directing the respondents 1 to 4 to permit the petitioners, who had already completed their 1st year MBBS course, during the academic year 2011-12, in D.D. Medical College and D.D. Hospitals, (hereinafter referred to as 'the College') and had participated in the Tamil Nadu Dr. M.G.R. Medical University's, (hereinafter referred to as 'the University') examinations, during the month of August, 2012, to appear for the 1st Year Supplementary MBBS examinations, immediately, and to accommodate them in the 2nd year MBBS course in Government Medical Colleges, in the State of Tamil Nadu, by taking necessary steps within a time limit to be stipulated by this Court.
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The writ petition, in W.P. No. 9226 of 2014, had been filed praying that this Court may be pleased to issue a writ of Mandamus directing the respondents 1 to 4 to accommodate and permit the petitioners, who have completed their 1st year MBBS course during the academic year 2011-12, in the college, in the 2nd year MBBS course, in the ensuing academic year in the Government Medical Colleges in the state of Tamil Nadu, by taking necessary steps within a time limit to be stipulated by this Court.
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Mrs. Nalini Chidambaram, the learned senior counsel appearing on behalf of the students of the college, belonging to the academic years 2011-12 and 2012-13 had submitted that the said college had been granted permission, by the Central Government, to start the MBBS medical course, during the academic year 2010-11, as per the provisions of Section 10-A of the Indian Medical Council Act, 1956 (hereinafter referred to as 'the Act').
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The learned counsel had further submitted that, during the academic year 2011-12, 103 students had been admitted in the medical course in the college and 113 students had been admitted in the said course, for the academic year 2012-13. The Management of the college had admitted the students, for the academic years 2011-12 and 2012-13, without obtaining the necessary renewal of permission from the Medical Council of India. Therefore, the admission of the students, by the Management of the college, for the academic years 2011-12 and 2012-13, had been treated as illegal, by the Medical Council of India, by its order, dated 14.10.2013. By the same order, the Medical Council of India had permitted the state Government to accommodate a batch of 150 students of the academic year 2010-11, belonging to the college, in the Government Medical Colleges, in the state of Tamil Nadu, by creating additional seats. Further, by the order passed by the Medical Council of India, dated 14.10.2013, the college had been permanently debarred from admitting the students and had also been blacklisted stating that the college had played fraud on the students, by admitting them for the academic years 2011-12 and 2012-13, without obtaining the necessary permission from the Medical Council of India, as per the provisions of Section 10-A of the Act.
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It has been further submitted that the writ petitions, in W.P. Nos. 23089 and 23090 of 2013 and W.P. Nos. 27366 and 27367 of 2013, had been filed by the students of the college. The students of the academic year 2011-12 had filed the writ petition through one Ms. Reshmi Irene and the students of the academic year 2012-13 had filed the writ petitions through their Association. The writ petitions have been filed seeking for writs of Mandamus to direct the state Government to take over the college and to regularize the admission of the students in the said college.
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The writ petitions in W.P. No. 28833 of 2013, had been filed by the college challenging the transfer of the students of the academic year 2010-11 to the Government Medical Colleges and against the permanent debarring and blacklisting of the college, by the impugned order of the Medical Council of India, dated 14.10.2013.
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The learned counsel had further submitted that the common order had been passed by the learned single Judge, in all the five writ petitions, on 20.1.2014. In the writ petitions filed by the students of the college, the learned single Judge had held that the admission of the students, in the academic years 2011-12 and 2012-13, were illegal in nature. The said finding of the learned single Judge had not been challenged by the students. Further, the learned Judge had also given a finding that the students of the academic years 2011-12 and 2012-13 had been admitted, illegally, with the direct and indirect assistance rendered by the Dr. M.G.R. Medical University and the state Government.
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The learned Judge had held that the state Government having taken the responsibility of accommodating the students of the academic year 2010-11, in the Government medical colleges, in the state of Tamil Nadu, should have shown the similar indulgence, in respect of the students of the academic years 2011-12 and 2012-13, as well especially, on account of the passive and the active support given by the state Government and the University, to the college, in its attempt to make illegal admission of the students of the said academic years. Further, the undertaking given by the state Government, in the Essentiality Certificate, would cast a duty on it to accommodate the students, who had been admitted without the necessary statutory approval.
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The learned counsel had further submitted that it is to be noted that, neither the state Government, nor the University had filed appeals against the order of the learned single Judge, dated 20.1.2014, by which he had directed the state Government to seek the necessary permission from the Medical Council of India to create additional seats, in the Government medical colleges, in the state of Tamil Nadu, in order to accommodate 216 students of the academic years 2011-12 and 2012-13, in the first year of the MBBS medical course, during the academic year 2014-15.
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It had been further stated that, in the writ petitions filed by the college, the learned single Judge had held that the blacklisting of the college was done without following the principles of natural Justice.
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The college had filed writ appeals in writ appeals, in W.A. Nos. 179,180,181,182 and 183 of 2014, challenging the order of the learned single Judge, as the learned single Judge had not set aside the impugned order of the Medical Council of India permitting the admission of the students, belonging to the academic year 2010-11, in the Government medical colleges in the state of Tamil Nadu and as he had directed the students of the academic years 2011-12 and 2012-13 to be admitted in the said colleges in the first year of the MBBS course of the academic year 2014-15, by creating additional seats, with the permission of the Medical Council of India.
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The Medical Council of India had filed the writ appeals, in W.A. Nos. 284, 285, 286, 287 and 288 of 2014, challenging the order of the learned single Judge, in respect of the finding that the blacklisting of the college is in violation of the principles of natural justice and in respect of the direction issued by the learned single Judge to the state Government, by way of a writ of Mandamus, to admit the students of the academic years 2011-12 and 2012-13, in the Government medical colleges, by creating additional seats, with the permission of the Medical Council of India. The appellant in the writ appeals had stated that such directions issued by the learned single Judge are contrary to the rulings of the Supreme Court and the statutory provisions applicable to the case.
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The learned counsel had further submitted that there is no merit in the writ appeals filed by the Medical Council of India. If the Medical Council of India takes the stand that the fraud committed by the college on the innocent students of the academic years 2011-12 and 2012-13, by way of misrepresentations, is not a sufficient ground for accommodating the illegally admitted students of the academic years 2011-12 and 2012-13, in the first year of the academic session 2014-15, in the Government medical colleges, then, by the same reasoning, the impugned order of the Medical Council of India, dated 14.10.2013, debarring and blacklisting the college, would also have to be set aside. As such, the Medical Council of India is estopped from contending that it would not approve the creation of the additional seats in the Government medical colleges to accommodate the students of the academic years 2011-12 and 2012-13.
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The learned counsel had further submitted that the Medical Council of India has stated that, when there are specific procedures to be followed for the grant of permission to create additional seats, it cannot be directed, by way of a writ of Mandamus, to create the additional seats without following such procedures. Such a contention raised by the Medical Council of India is misconceived and untenable in the eye of law.
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The...
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