Madras High Court
Kamatchi.R vs Union Of India on 4 November, 2020
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.15806 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2020
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.15806 of 2020
and
WMP No.19646 of 2020
Kamatchi.R. ...Petitioner
Vs.
1 Union of India
rep. by Secretary to Government
Ministry of Health and Family Welfare
New Delhi.
2 The State of Tamil Nadu
rep. by Secretary to Government
Health and Family Welfare Department
Fort St. George, Chennai-09.
3 The Secretary
Selection Committee
Office of the Directorate of Medical Education
162 EVR Periyar Salai,
Kilpauk, Chennai.
4 The Secretary
The National Medical Commission
Medical Council of India
Dwaraka, New Delhi.
1/10
http://www.judis.nic.in
W.P.No.15806 of 2020
5 The University Grants Commission
rep by its Chairman
Bahadur Shah Zafar Marg,
New Delhi.
6 The Tamil Nadu Dr.MGR Medical University
rep by its Vice Chancellor
69, Anna Salai, Little Mount
Guindy, Chennai.
7 The Dean
SRM Medical College
Potheri, SRM Nagar
KattanKulathur.
8 The Dean
Chettinad Medical College
Rajiv Gandhi Salai
Kelambakkam
kanchipuram.
9 The Dean
Sri Ramachandra Medical University
No.1, Ramachandra Nagar,
Chennai.
10 The Dean
Sree Balaji Medical College and Hospital
Chrompet, Chennai.
2/10
http://www.judis.nic.in
W.P.No.15806 of 2020
11 The Dean
Sri Sathya Sai Medical College
Thiruporur, Guduvancherry
Chengalpet Taluk, Nellikuppam
Kanchipuram District.
12 The Dean
Saveetha Medical College
No.162, Poonamallee High Road
Velappanchavadi, Chennai.
13 The Dean
Karpagam Medical College Hospital
Madukkarai Road
Sundarapuram, Coimbatore.
14 The Dean
Meenakshi Medical College Hospital and Research Institute
Karrapatti Post, Kanchipuram. ...Respondents
This Writ Petition is filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus to
direct the 3rd and 4th respondents to conduct UG medical college
counselling for pursuant to the notification dated 23.10.2020
schedule for online counselling (Allotment Process) for NEET 15%
AIQ/ DEEMED/ CENTRAL UNIVERSITIES/ AIIMS and JIPMER/ ESIC
and AFMC (MBBS/BDS) SEATS- 2020 after completion of the State
Government Counselling by State of Tamil Nadu.
3/10
http://www.judis.nic.in
W.P.No.15806 of 2020
For Petitioner : M/s.S.Marshall
For Respondent-1 : Mr.Srinivasa Murthi
Additional Advocate General
For Respondent-2 : Mr.E.Manoharan
Special Government Pleader
For Respondent-3 : Mr.Abdul Saleem
Standing Counsel
For Respondent-4 : Mr.V.P.Raman
Standing Counsel
For Respondent-5 : Mr.Rabu Manohar
Standing Counsel
For Respondent-6 : Mr.Ravi Chander
Standing Counsel
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the third and fourth respondents to conduct the Under Graduate Medical College Counselling pursuant to the notification dated 23.10.2020 only after the completion of the State Government Counselling by State of Tamil Nadu.
2. The learned counsel for the petitioner submitted that the petitioner has no objection in the counselling being 4/10 http://www.judis.nic.in W.P.No.15806 of 2020 conducted and the All India quota seats being filled up. The learned counsel submitted that the only apprehension raised by the petitioner is that in the guise of filling the All India quota, the seats in the Deemed University are also filled up and ultimately it ends up in candidates being asked to pay an exorbitant fees and ultimately, the candidates loose their chance to participate in the further counselling.
3. The learned Additional Advocate General appearing on behalf of the first respondent submitted that the scheme for conducting the counselling has already been fixed by the Hon'ble Supreme Court in Asis Ranjan ..vs.. Union of India reported in (2016) 11 SCC 225. The learned counsel submitted that the counselling can take place only under this scheme and therefore, the apprehension raised by the petitioner is unfounded. The submission of the learned Additional Advocate General was reiterated by the learned counsel appearing on behalf of the respondents 2 to 4.
5/10http://www.judis.nic.in W.P.No.15806 of 2020
4. In view of the specific stand taken by the respondents 1 to 3 and also in view of the fact that the Hon'ble Supreme Court has already fixed the scheme to conduct the counselling, this Court cannot issue any separate directions and this Writ Petition is disposed of with a direction to the respondents 1 to 3 to proceed further with the counselling strictly in accordance with the directions issued by the Hon'ble Supreme Court in Asis Ranjan case. No costs. Consequently, connected Miscellaneous Petition is closed.
mra 04.11.2020
Internet: Yes
Index : Yes/No
Speaking/Non speaking order 6/10 http://www.judis.nic.in W.P.No.15806 of 2020 To
1. The Secretary to Government Union of India Ministry of Health and Family Welfare New Delhi.
2 The Secretary to Government State of Tamil Nadu Health and Family Welfare Department Fort St. George, Chennai-09.
3 The Secretary Selection Committee Office of the Directorate of Medical Education 162 EVR Periyar Salai, Kilpauk, Chennai.
4 The Secretary The National Medical Commission Medical Council of India Dwaraka, New Delhi.
5 The University Grants Commission rep by its Chairman Bahadur Shah Zafar Marg, New Delhi.
6 The Tamil Nadu Dr.MGR Medical University rep by its Vice Chancellor 69, Anna Salai, Little Mount Guindy, Chennai.
7/10http://www.judis.nic.in W.P.No.15806 of 2020 7 The Dean SRM Medical College Potheri, SRM Nagar KattanKulathur.
8 The Dean Chettinad Medical College Rajiv Gandhi Salai Kelambakkam kanchipuram.
9 The Dean Sri Ramachandra Medical University No.1, Ramachandra Nagar, Chennai.
10 The Dean Sree Balaji Medical College and Hospital Chrompet, Chennai.
11 The Dean Sri Sathya Sai Medical College Thiruporur, Guduvancherry Chengalpet Taluk, Nellikuppam Kanchipuram District.
12 The Dean Saveetha Medical College No.162, Poonamallee High Road Velappanchavadi, Chennai.
8/10http://www.judis.nic.in W.P.No.15806 of 2020 13 The Dean Karpagam Medical College Hospital Madukkarai Road Sundarapuram, Coimbatore.
14 The Dean Meenakshi Medical College Hospital and Research Institute Karrapatti Post, Kanchipuram.
9/10http://www.judis.nic.in W.P.No.15806 of 2020 N.ANAND VENKATESH. J, mra W.P.No.15806 of 2020 and WMP No.19646 of 2020 04.11.2020 10/10 http://www.judis.nic.in