Madras High Court
Velammal Medical College Hospital & vs The State Of Tamil Nadu on 7 August, 2017
Author: S. Manikumar
Bench: S.Manikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.08.2017 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE Tmt.JUSTICE V.BHAVANI SUBBAROYAN W.P.Nos.14192 to 14194 of 2017 and W.M.P.Nos.12411 & 12414 of 2017 Velammal Medical College Hospital & Research Institute, Rep. by its Chairman, Velammal Village, Madurai - Tuticorin Road, Anuppanadi, Madurai - 625 009 .. Petitioner in all the Writ Petitions versus 1.The State of Tamil Nadu Rep. by its Secretary Health & Family Welfare Department Fort St. George Chennai - 600 009 2.The Committee on Fixation of Fee in respect of Self Financing Professional Colleges, Rep. by its Member Secretary F-1, DOTE Staff Quarters Gandhi Mandapam Road Guindy, Chennai - 600 025 .. Respondents in all the Writ Petitions Prayer in W.P. No.14192 of 2016: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records of the second respondent, which culminated in the impugned Proceedings No.CFF/Medical/Velammal/Fee/018/2015 dt.30.09.2015 for the academic year 2014-15 and quash the same as arbitrary, illegal and against the principles laid down by the Hon'ble Supreme Court of India and this Hon'ble Court and to further direct the 2nd respondent committee to determine fee structure for the petitioner institution for the academic year 2014-15 by considering the expenditures mentioned in the representations dt.31.05.2014, 17.10.2014, 21.11.2014 and 15.09.2015 by including the expenditures such as 1) Income and Expenditure of the Hospital, 2) actual salary paid to both teaching and non-teaching of the Medical College and its Teaching Hospital 3) Interest on borrowings, 4) Depreciation, 5) Advertisement and by following the principles laid down by the Hon'ble Supreme Court of India in its judgments reported in 2002 (8) SCC 481, T.M.A. Pai Foundation vs. State of Karnataka, 2003 (6) SCC 697 Islamic Academy of Education Vs. State of Karnataka, 2004 (5) SCC 583 Modern School and others vs. Union of India and 2005 (6) SCC 537 P.A. Inamdar vs. State of Maharashtra. Prayer in W.P. No.14193 of 2016: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records of the second respondent, which culminated in the impugned Proceedings No.CFF/Medical/Velammal/Fee/018/2015 dt.23.06.2015 for the academic year 2015-16 and quash the same as arbitrary, illegal and against the principles laid down by the Hon'ble Supreme Court of India and this Hon'ble Court and to further direct the 2nd respondent committee to determine fee structure for the petitioner institution by considering the expenditures mentioned in the representation dt.07.03.2015 by including the expenditures such as 1) Income and Expenditure of the Hospital, 2) actual salary paid to both teaching and non-teaching of the Medical College and its Teaching Hospital 3) Interest on borrowings, 4) Depreciation, 5) Advertisement and by following the principles laid down by the Hon'ble Supreme Court of India in its judgments reported in 2002 (8) SCC 481, T.M.A. Pai Foundation vs. State of Karnataka, 2003 (6) SCC 697 Islamic Academy of Education Vs. State of Karnataka, 2004 (5) SCC 583 Modern School and others vs. Union of India and 2005 (6) SCC 537 P.A. Inamdar vs. State of Maharashtra. Prayer in W.P. No.14194 of 2016: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records of the second respondent, which culminated in the impugned Proceedings No.CFF/Medical/Velammal/Fee/018/2016 dt.21.06.2016 for the academic year 2016-17 and quash the same as arbitrary, illegal and against the principles laid down by the Hon'ble Supreme Court of India and this Hon'ble Court and to further direct the 2nd respondent committee to determine fee structure for the petitioner institution by considering the expenditures mentioned in the representation dt.29.02.2016 by including the expenditures such as 1) Income and Expenditure of the Hospital, 2) actual salary paid to both teaching and non-teaching of the Medical College and its Teaching Hospital 3) Interest on borrowings, 4) Depreciation, 5) Advertisement and by following the principles laid down by the Hon'ble Supreme Court of India in its judgments reported in 2002 (8) SCC 481, T.M.A. Pai Foundation vs. State of Karnataka, 2003 (6) SCC 697 Islamic Academy of Education Vs. State of Karnataka, 2004 (5) SCC 583 Modern School and others vs. Union of India and 2005 (6) SCC 537 P.A. Inamdar vs. State of Maharashtra. For Petitioner : Mr.A.L.Somayaji, Sr. Counsel in all WPs for Mr.V.P.Sengottuvel For Respondents : Mr.C.Manishankar, Addl. Adv. Genl. in all WPs for Mr.Sanjay Gandhi, AGP for R1 Mr.N.R.Chandran, Sr. Counsel for R2 COMMON ORDER
(Order of the Court was made by S.MANIKUMAR, J.) On this day, when the writ petitions, pertaining to fixation of fee in medical colleges, came up for further hearing, on instructions, Mr.A.L.Somayaji, learned Senior Counsel, appearing for the petitioner, sought permission, to withdraw the writ petitions. Learned counsel on record for the petitioner, has also made an endorsement to that effect.
2. Placing on record the submission and endorsement, permission is granted to withdraw the writ petitions.
3. Writ petitions are dismissed as withdrawn. No leave is granted, to file a fresh writ petition on the same cause of action for the period stated, in the writ petitions. No costs. Consequently, the writ miscellaneous petitions are closed.
[S.M.K., J.] [V.B.S., J.]
07.08.2017
Index: Yes/No.
Internet: Yes
asr
S. MANIKUMAR, J.
AND
V.BHAVANI SUBBAROYAN, J.
asr
W.P.Nos.14192 to 14194 of 2017
and
W.M.P. Nos.12411 to 12414 of 2017
07.08.2017