Madras High Court
Dr.S.Vijai Vikraman vs The Government Of Tamil Nadu on 15 December, 2020
Author: N.Kirubakaran
Bench: N.Kirubakaran, B.Pugalendhi
W.P.(MD)No.5149 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2020
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD) No.5149 of 2019
AND
W.M.P.(MD) Nos.4137 of 2019 and 5141 of 2020
Dr.S.Vijai Vikraman ... Petitioner
Vs
1.The Government of Tamil Nadu, rep. by
its Secretary, Health and Financial Works Department,
St. George Fort,
Chennai.
2.The Registrar, Tamil Nadu MGR Medical University,
No.69, Anna Salai,
Chennai – 600 032.
3.The Commissioner of Indian Medicine & Homeopathy,
Arumbakkam,
Chennai – 600 106.
4.The Principal,
Government Siddha Medical College & Hospital,
Palayamkottai, Tirunelveli.
5.The District Collector,
Tirunelveli District,
Tirunelveli.
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W.P.(MD)No.5149 of 2019
6.The Assistant Engineer,
Public Works Department, Construction Wing,
Medical Services, Palayamkottai,
Tirunelveli District.
7.The Secretary,
Central Council for Indian Medicine,
Nos.61-65 Industrial Area,
Janakpuri, New Delhi 110 058. : Respondents
PRAYER :Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, forbearing the Respondents from
demolishing the existing buildings and other places of common amenity and put
up any construction of any new building till such time the respondents establish a
University for Indian Medicine at Chettikulam, Tirunelveli.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondents : Mr.M.Murugan
1 & 3 to 6 Additional Government Pleader
For Respondent – 2 : Mr.S.Ramesh
For Respondent – 7 : Mr.N.Dilipkumar
ORDER
(Order of the Court was made by B.PUGALENDHI,J.) This writ petition is filed by a former student of Government Siddha Medical College & Hospital, Palayamkottai, as a public interest litigant for a Writ of Mandamus, forbearing the Respondents from demolishing the existing buildings and other places of common amenity and put up any construction of any 2/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 new building till such time the respondents establish a University for Indian Medicine at Chettikulam, Tirunelveli District.
2.The grievance of the petitioner is that present Government Siddha Medical College, Palayamkottai was originally established at Courtallam and transferred to Palayamkottai on temporary basis in the year 1964 and it is now functioning in a campus of 4 acres at Palayamkottai and for want of sufficient place another 1.5 acre was acquired at Vannarapettai, where the Boys Hostel and a manufacturing unit of TAMPCOL unit were established. The fourth respondent college is having an intake capacity of 100 students per year and thus having 500 students in graduate course, apart from this, the post graduate department is having a strength of 180 students. The fourth respondent college is also conducting diploma courses in nursing and pharmacy and there are 200 students in that courses which is also functioning within the campus. The area available is not sufficient for any future expansion and therefore, an idea was muted for establishing a separate University for Indian Medicine and an area was also identified near Chettikulam to an extent of 200 acres, which was originally allotted for Manonmaniam Sundaranar University and the same is kept idle since the Manonmaniam Sundaranar University is established in another land to an extent of 800 acres. 3/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019
3.The fourth respondent celebrated its Golden Jubilee in the year 2014 and in that event the Government has also sanctioned a sum of Rs.8 Crores for the infrastructure development of the fourth respondent college. With the said fund allotted by the Government, the fourth respondent intends to construct Golden Jubilee Building and few other buildings by demolishing some of the existing buildings. Accordingly, the TAMCOL manufacturing unit functioning from Vannarapettai premises was demolished and it is now functioning from the college pharmacy. For utilizing the funds, the officials are taking steps to demolish the existing Pediatric Ward, Green House, Car Shed, Cycle Stand, Ambulance Garage and Study Centre and proposed to construct ground + 3 floors as Administration Office in the ground floor, Physiology and Toxicology Department in the first floor, Microbiology Lab in the second floor and an Examination Hall in the third floor. When such an attempt has been made by the fourth respondent in the year 2015, the petitioner filed a Writ Petition before this Court in W.P.(MD) No.7582 of 2014 and that Writ Petition was also disposed with a direction to the Government to take steps within six months for giving effect to G.O.Ms.No.38, Health and Family Welfare Department, dated 23.01.2012, by considering allotment of land at Chettikulam, which was originally earmarked for Manonmaniam Sundaranar University within the time stipulation of six months. Even thereafter, the fourth 4/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 respondent is once again attempting to demolish the building and utilize the funds in the same campus, disregard to the earlier order of this Court in W.P.(MD) No. 7582 of 2014.
4.Mr.Prabhu Rajadurai, learned counsel for the petitioner would submit that the proposed building in the existing Palayamkottai campus would be a waste of money, as it is only a temporary premises for the college and he has also insisted the importance of a garden with medicinal plants and a Green House for a Siddha Medical College.
5.The learned counsel for the petitioner has also drawn our attention to the orders of this Court in the earlier Writ Petition in W.P.(MD) No.7582 of 2014 dated 22.04.2016, wherein, this Court has disposed of the said Writ Petition as follows:
“16. Therefore, the importance of Indian Systems of Medicine, needs to be hardly emphasised. If the Government does not provide patronage for the indigenous systems of medicine, then there is every possibility that the oldest system of medicine will die a natural death. Therefore, it is essential that the Government take appropriate steps for the establishment of a University as directed in G.O.Ms.No.38, Health and Family 5/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 Welfare dated 23.1.2012.
17. It is unfortunate that the proposal for establishing a separate University mooted way back in the year 2004, saw some sign of realization only when G.O.Ms. No.38 was issued after a period of about 8 years. But now more than four years have passed from the date of the Government Order, but the university is yet to be established.
18. Therefore, the writ petition is disposed of directing the Government to take steps within six months for giving effect to G.O.Ms.No.38, Health and Family Welfare dated 23.2.2012, by considering the allotment of land at Chettikulam which was originally earmarked for Manonmaniam Sundaranar University but which got shifted later. The writ petition is disposed of to the above effect. There will be no order as to costs. Consequently, M.P.No.1 of 2014 is closed.”
6.In response to this Writ Petition, the third respondent has filed a counter affidavit admitting the fact that this Siddha Medical College, Palayamkottai was established with a main campus at Palayamkottai to an extent of 4.91 acres and another campus located at Vannarapettai with an extent of 1.67 acres and the annexure building is situated within a distance of 2 kms from the main campus. It is further stated that the college is offering 5 ½ years BSMS (Bachelor of Siddha Medicine and Medicine and Surgery) Course with an intake capacity of 100 6/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 students and 3 years Post Graduate Courses viz., Doctor of Medicine – M.D. (Siddha) in six departments with an intake of 10 students in each of the department and also offering a 2 ½ years diploma courses viz., Diploma in Integrated Pharmacy in ISM and Diploma in Nursing Therapy with an annual intake of 50 students.
7.It is also stated that as per the Central Council norms in vogue, under Section 4(2), the land requirement should not be less than five acres and in not more than two plots at a distance not exceeding two kilometers. With reference to the averments made in the para 6, it is stated that the 4th respondent college is having nearly 2 acres of land in addition to the minimum required land, where a Boys Hostel is functioning at Vannarapettai campus and there is no TAMPCOL manufacturing unit functioning as mentioned by the petitioner. Similarly, as per the Indian Medicine Central Council (Requirements of Minimum Standard for under-graduate Siddha Colleges and attached Hospitals) Regulations, 2016, Schedule III, the college must have Herbal Garden at a minimum area of 4000 sq.m. (with converted 2 acres) for an intake of 100 students, not 10 acres as mentioned by the petitioner.
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8.It is further stated that during the financial year 2012-2013, the Hon’ble Minister for Health and Family Welfare had made an announcement for allotment of Rs.5 Crore for the infrastructure of the 4threspondent institution and accordingly, by G.O.(4D) No.15, Health and Family Welfare (IMI-2) Department, dated 30.10.2012, the Government accorded a sanction of Rs.5 Crore for constructing a new multi-storied building with G+3 floor as follows:
Ground Administrative Office, Separate Chamber for Principal, Floor Mini Meeting Hall and Office room for the Staff 1st Floor Toxicology lab, Physiology lab with classrooms and staff rooms for the above departments 2ndFloor Laboratory for microbiology, Lecturer hall for Microbiology department, Class rooms and Staff rooms 3rdFloor Examination Hall to accommodate 120 students which can also be used as Mini auditorium Accordingly, the funds are likely to be utilized by demolishing old Pediatric ward, Green House, Car Shed and Cycle Stand and to establish an Administrative Office in the ground floor, Toxicology Lab and Physiology Lab in first floor, Microbiology Lab and Lecturer hall for Microbiology department in second floor and Examination Hall to accommodate 120 students, which can also be used as Mini auditorium at the third floor. As per the Central Council norms in vogue, it is mandatory to have 25% of total beds to be allotted for SoolMagalir and KuzhanthaiMaruthuvam Department and at present they are having 90 beds.8/18
http://www.judis.nic.in W.P.(MD)No.5149 of 2019 Regarding establishment of an ISM University at Chettikulam, Tirunelveli, the third respondent has stated that it is a separate issue and by referring the same the progress or necessary development of the Siddha Medical College at Palayamkottai cannot be stopped.
9. Heard the learned counsel on either side and perused the materials placed on record.
10. The Government Siddha Medical College at Palayamkottai was originally established at Courtallam and was shifted to Palayamkottai in the year 1964 as a temporary measure. The fourth respondent institution imparts education in Indian Medicine and also runs a hospital. The Central Council of Indian Medicine was constituted under the provisions of the Indian Medicine Central Council Act, 1970. The 7threspondent herein regularized the educational standards of Indian Medicines and has also framed Indian Medicine Central Council (Requirements of Minimum Standards for under-graduate Siddha Colleges and attached Hospitals) Regulations, 2016. As per the regulations for intake capacity of 100 seats, there shall be a minimum of 5 acres of land is required. However, it can be in the form of two plots within 2 kms. The regulations also prescribe the in- 9/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 patient facilities and out-patient facilities. This College and Hospital shall be suitably spacious for accommodation of Out-Patients Department and In-Patient Department containing wards in addition to reception, patients’ waiting area, dispensing room, dressing room, clinical laboratory, radiology section, side pharmacy etc.,
11. Paragraph 7 (5), 7(6) and 7(7) of Indian Medicine Central Council (Minimum Standard Requirements of Siddha Colleges and attached Hospitals) Regulations, 2013 reads as follows:
“ 7(5) Out-Patient Department: The hospital shall have minimum six following Out-Patient Departments, namely:-
(a) Maruthuvam (Medicine);
(b) Varmam, Puramaruthuvam and Sirappumaruthuvam (Varmam Therapy, External Therapy and Special Medicine);
(c) Sool, MagalirMaruthuvam (Obstetrics and Gynaecology);
(d) Aruvai, TholMaruthuvam (Surgery and Dermatology);
(e) KuzhanthaiMaruthuvam (Peadiatrics); and
(f) AvasaraMaruthuvam (Casualty).
(6) In-Patient Department: The In-Patient Department of the hospital shall have separate male and female wards and 10/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 distribution of beds shall be as under – Sl. In-Patient Departments Distribution 60 100 No. beds beds 1. Maruthuvam (Medicine) 30% beds 18 30 2. Varmam, Puramaruthuvam and 25% beds 15 25 Sirappumaruthuvam (Varmam Therapy, External Therapy and Special Medicine);
3. Sool, MagalirMaruthuvam 15% beds 9 15 (Obstetrics and Gynaecology)
4. Aruvai, TholMaruthuvam 20% beds 12 20 (Surgery and Dermatology)
5. KuzhanthaiMaruthuvam 10% beds 6 10 (Peadiatrics) (7) NoiNaadal, Sattam Saarntha Maruthuvamum, Nanju Maruthuvamum Laboratories (Clinical Laboratory for clinical diagnosis and investigations):- There shall be a clinical laboratory in the hospital complex with proper infrastructure and manpower as specified in Schedule I, Schedule II, Schedule – IV, Schedule – V and the Schedule – VII for carrying out routine, pathological, biochemical and hematological investigations and Siddha diagnostic techniques on the patients referred from Out-Patient and In-Patient Departments of the hospital.”
12. Even in the year 2012, the Central Council for Indian Medicine refused permission to the fourth respondent college on the ground of lack of infrastructure. At the instance of some students, this Hon’ble Court interfered with the order of 11/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 the Central Council of Indian Medicine and permitted the institution to survive. In this context, the Government vide G.O.Ms.No.11, Health and Family Welfare Department, dated 14.01.2011, passed an order for establishment of a University exclusively for Indian Medicine and Homeopathy. It appears the proposal to establish a separate University for Indian Medicine was made even in the year 2004. Towards the establishment of University, certain posts including a Special Officer was also created vide G.O.Ms.No.38, Health and Family Welfare Department, dated 23.01.2012. Even thereafter, steps were not taken towards the same and taking note of it, a Division Bench of this Hon’ble Court in W.P.(MD) No.7582 of 2014, emphasized the importance of Indian System of Medicine and the inadequate patronage provided by the Government for the indigenous system of medicine and issued a direction to the Government to take appropriate steps within six months for giving effect to G.O.Ms.No.38, Health and Family Welfare Department, dated 23.01.2012, by considering allotment of land at Chettikulam. The order in W.P.(MD) No.7582 of 2014 was passed as early as on 22.04.2016 and even thereafter steps have not been taken by the respondents to give effect to the Government Order in G.O.Ms.No.38, Health and Family Welfare Department, dated 23.01.2012, and to comply the orders of this Court passed in W.P.(MD) No. 7582 of 2014.
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13.The Division Bench while entertaining the Writ Petition in W.P.(MD) No. 7582 of 2014 on 29.04.2014, passed an interim order, directing the Secretary to Government to do the following:
“ i) Examine the feasibility of relocating the Palayamkottai Siddha Medical College and Hospital, in a land of a larger extent where the institution can be developed into an institution of State of the art with a possibility for elevating it into the status of a University.
ii) The respondents shall not carry out anything that will make the Central Council of India Medicine, pass any order adverse to the interest of the institution.
iii) The first respondent shall file a report into Court on 3.6.2014, when the writ petition will be taken up for further hearing, so as to ensure that one of the prestigious institutions in this part of the country, is preserved intact and also developed into an institution of higher learning and research.”
14. In response to the same, the Secretary, Health and Family Welfare Department filed a report cum affidavit as incorporated in the earlier orders as follows:
" (i) The space available in the campus is very limited and hence, there is no scope for expansion. Consequently, the norms 13/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 laid down by the Central Council of Indian Medicine cannot be fulfilled.
(ii) There is acute water problem in the campus.
(iii) The members of the faculty as well as students represented to the Commissioner of Indian Medicine – cum-
Homeopathy that the Post Graduate Courses may be shifted to Courtallam, so that a separate institution on the lines of National Institute of Siddha could be founded there.
(iv) The students association appear to have demanded development of tissue culture for protecting and preserving the herbs necessary to manufacture Siddha Medicine, by entering upon a Memorandum of Understanding with the Tamil Nadu Agricultural University, the Forest Department and the Horticulture Department.
(v) The District Collector assured to allocate 50 acres of land for the college.
(vi) The Government originally sanctioned Rs.5.00 Crores under G.O.4(D) No.15 Health and Family Welfare Department dated 30.10.2012 for improving the infrastructure. But, an additional amount of Rs.5.00 Crores is sought for so as to enable the location of the Post Graduate Courses at Courtalam.
(vii) The Commissioner of Indian Medicine-cum-
Homeopathy is working at a detailed proposal in consultation with the District Administration and the Principal of the college has written a letter to allocate 5 acres of land at Idaikaal Village in 14/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019 Tankasi for locating Post Graduate Courses.” In the said report, the Secretary admitted that the space available in the existing campus is very limited and there is no scope for expansion and they cannot comply the norms laid down by the Central Council of Indian Medicine. It is also pointed out that there is acute water problem in the campus. When the Government has taken such a stand in the earlier writ petition and based on the said stand, we are not able to understand why the Government is keen in spending money in the campus by demolishing certain buildings and existing infrastructures in the campus, which is not having any scope for expansion in the future. This Court taking into consideration all other features elaborately discussed the significance of indigenous system issued directions to the Government to take necessary action for establishment of University has directed G.O.Ms.No.38, Health and Family Welfare Department, dated 23.01.2012, within a time stipulation of 6 months by order dated 22.04.2016. However, as on date, the respondents have no interest towards compliance of the said order. Non compliance of order dated 22.04.2016, in W.P.(MD) No.7582 of 2014, is nothing but contempt of Court. In any event, this Court would like to know what are all the steps taken to comply with the order dated 22.04.2016. Hence, action taken report shall be filed by 22.12.2020. 15/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019
15. In view of the above, the respondents are hereby prohibited from demolishing the existing buildings and other places of common amenities and putting up any construction of any new building, till such time the respondents establish a University for Indian Medicine at Chettikulam, Tirunelveli. Further, it is open to the respondents to utilize the funds for construction of any new building in the place, which has already been identified for establishment of a University for Indian Medicine as directed by this Court in W.P.(MD) No.7582 of 2014 dated 22.04.2020, at Chettikulam or any other place, which the Government intends to establish the University for Indian Medicine.
16.This Court, by order dated 22.04.2016, passed in W.P.(MD) No.7582 of 2014, has already issued a direction to establish an University for Indian Medicine. It appears that this direction has not been complied with so far. Therefore, the respondents are directed to establish an University for Indian Medicine as early as possible.
17.Accordingly, this Writ Petition is disposed of, with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed. 16/18 http://www.judis.nic.in W.P.(MD)No.5149 of 2019
18. Post the matter on 22.12.2020, for filing the action taken report.
Index : Yes (N.K.K.,J.) (B.P.,J.)
Internet : Yes 15.12.2020
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To
1.The Secretary, Health and Financial Works Department, Government of Tamil Nadu, St. George Fort, Chennai.
2.The Registrar, Tamil Nadu MGR Medical University, No.69, Anna Salai, Chennai – 600 032.
3.The Commissioner of Indian Medicine & Homeopathy, Arumbakkam, Chennai – 600 106.
4.The Principal, Government Siddha Medical College & Hospital, Palayamkottai, Tirunelveli.
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AND B.PUGALENDHI, J.
sj
5.The District Collector, Tirunelveli District, Tirunelveli.
6.The Assistant Engineer, Public Works Department, Construction Wing, Medical Services, Palayamkottai, Tirunelveli District.
7.The Secretary, Central Council for Indian Medicine, Nos.61-65 Industrial Area, Janakpuri, New Delhi 110 058.
W.P(MD)No.5149 of 2019
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