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7.3 The learned Senior counsel further submitted that admissions in both private colleges and Deemed to be Universities have been made purely on the basis of inter-se-merit based on NEET Examination amongst the students, who applied and they have also furnished the entire list to PAC. That apart, they have also uploaded the entire list containing the names of students, who were selected and admitted by the respective colleges in the MCI website, which is inclusive of the details, as sought by PAC. In fact, MCI has not at all raised any issue with regard to the mode of admissions made by the respective Colleges. https://www.mhc.tn.gov.in/judis W.P.No.17527, etc. of 2017 The Chairman of PAC, who was a retired Judge of the Madras High Court has merely stated that she contacted the Colleges over the telephone, for which, there was no proper response. If at all, if there is anything, that requires clarifications from the Colleges, PAC ought to have to sought the same, in the form of writing, addressed to the Colleges. Had Chairman of PAC has sent any letter to the Colleges, seeking for any clarifications, the Colleges would have, perhaps, furnished those details, and the issue would have been sorted out long before the students complete their 1st year course, instead of doing so, Chairman of PAC has sent her opinion to the Chief Secretary to Government of Puducherry, which was forwarded to the Lieutenant Governor Dr.Kiran Bedi, who, in turn, forwarded the same to MCI on 12.07.2017. MCI, based on the letter of Dr.Kiran Bedi report along with the alleged complaint stated to have been made from President, Puducherry UT All CENTAC Students Parents Association (Regd.) regarding alleged illegal admission process in MBBS Courses at Puducherry for the academic year 2016 -17, passed the impugned https://www.mhc.tn.gov.in/judis W.P.No.17527, etc. of 2017 discharge order dated 07.09.2017, resulting in GOP passing the consequential impugned order dated 14.09.2017, to discharge the students those who are not admitted through the CENTAC and admitted after 30.09.2016.

https://www.mhc.tn.gov.in/judis W.P.No.17527, etc. of 2017 7.7 Further, the learned Senior counsel submitted that MCI proceeded to pass impugned order under the impression that all admissions can be made only through CENTAC, without knowing, what is the role of CENTAC. The role of CENTAC was to admit the students for the State Government seats. As far as the Management quota seats are concerned, CENTAC has no role to play. On the other hand, the impugned order was passed, as if, the admission process through CENTAC would apply even for the Management quota seats. Therefore, it is submitted that the impugned order is passed, on account of lack of understanding on the part of the officials of the MCI. Had MCI understood the role of the CENTAC, they would not have passed the impugned order, thereby, putting the students in trouble. Further, the impugned order, dated 05.07.2017, passed restraining the participation of the examination of the students for the first year MBBS Course also will not stand on the way, since the impugned order itself is liable to be quashed, for the simple reason that the MCI has https://www.mhc.tn.gov.in/judis W.P.No.17527, etc. of 2017 passed the impugned order only on misunderstanding that the CENTAC would apply. That apart, they have not given any opportunities to the petitioners to put forth the case by furnishing the copies of the report of the PAC and letter of the Lieutenant Governor and also the complaint of the Association. Therefore, the learned Senior Counsel submitted that the impugned order dated 07.09.2017 and the consequential order dated 14.09.2017 and the order, dated 05.07.2017 are liable to be quashed.

Submissions made by Mr.M.Ravi, learned counsel and Mr.Pancharakesan, Party-in-Person on behalf of respondent-All CENTAC Students Parents Association:-

10. The Party-in-person appearing on behalf of respondent CENTAC-Association, in the Writ Petitions, viz., WP Nos: 17527, 17556, 25062, 25066, 25216, 27121 and 27506 of 2017, Mr.M.Ravi, learned counsel appearing for the All CENTAC Students Parents Association in W.P.No.17015 of 2018 (hereinafter both the counsel and the party-in-person would be referred to as counsel for the Association) submits that, he has https://www.mhc.tn.gov.in/judis W.P.No.17527, etc. of 2017 been suo moto impleaded as a party respondent to this writ proceedings, in view of the earlier orders of this Hon'ble Court. The counsel for the Association submits that, the basis for passing the impugned orders is two- fold; viz. (i) the petitioners/students were not admitted through CENTAC for the academic year 2016-17; and (ii) the petitioners/students have been admitted after the last date of admissions i.e. 30.09.2016.

13.5 The learned Standing Counsel further submitted that, in the Union Territory of Puducherry, there are 7 Medical Colleges (3 private self

- financing medical Colleges and 4 - medical colleges of 3 Deemed to be Universities) and 283 seats were allotted by the 7 medical colleges to fill the said seats by CENTAC, Puducherry, following +2 marks only. The MGMC College had parted away with 49 seats to be filled by CENTAC and the remaining 201 seats were filled by the respondent-MGMC based on NEET scores. The Chief Secretary to the GOP, in the counter affidavit filed in W.P. (Civil) No. 939 of 2016 had clearly affirmed that the Medical Colleges coining under the ambit of Deemed to be Universities will neither come under the PAC nor the Fee Committee constituted by the Government of Puducherry. This apart, the Pondicherry Private Professional Educational Institutions (Provision of Reservation, Admission of Students and Fixation of Fees) Regulations, 2006 excludes the Medical Colleges coming under the ambit of Deemed to be Universities. The conduct of Common Counselling by CENTAC, Puducherry was not in force for the academic year 2016 - https://www.mhc.tn.gov.in/judis W.P.No.17527, etc. of 2017 2017 and admissions to 201 seats were filled by the respondent-MGMC based on NEET Percentile as the concept of common counseling came into effect only from 10-3-2017, vide MCI Gazette Notification, dated 10-3- 2017. On 7-9-2016, Sri Balaji Vidyapeeth - Deemed to be University had submitted a representation to the Chairman of the PAC clearly highlighting the fact that admission to first year MBBS course (2016 - 2017) in the Medical Colleges of the Deemed to be Universities cannot be compelled to come under the purview of PAC. The proceedings of the Chairman of the PAC, dated 7-9-2016 would reveal the fact that the representation, dated 7- 9-2016 of the respondent-MGMC has been accepted. Therefore, the conduct of common counseling by CENTAC, Puducherry for the remaining 201 seats of the respondent-MGMC is meaningless, superfluous and further the PAC had clearly accepted that the respondent-MGMC will not come under its ambit. It is not the case as though the respondent-MGMC had not participated in the so - called conduct of common counselling and it is an admitted fact that there was no common counselling conducted by CENTAC and only 49 seats were sponsored by CENTAC based on +2 marks. Hence, the contents of the impugned letter, dated 7-9-2017 is a https://www.mhc.tn.gov.in/judis W.P.No.17527, etc. of 2017 clear case of non-application of mind by MCI (now NMC) and fault cannot be attributable even remotely on the part of the respondent-MGMC. After issuance of the unilateral impugned letter, dated 7-9-2017 which is without notice and violative of the principles of natural justice, respondent-MGMC had submitted a detailed representation on 18-9-2017, highlighting the entire facts of admission of students to the first year MBBS degree course for the academic year 2016-2017, which though acknowledged is yet to see the light of the day. Even in Para No. 33 of the Confidential Report, dated 19-10-2016 of the Chairman of the PAC addressed to the Chief Secretary to Government does not allege even a single irregularity in the admission of students for the First year MBBS course at Mahatma Gandhi Medical College & Research Institute, Puducherry, for the academic year 2016 – 2017, which undisputed fact is not considered in the impugned letter, dated 7-9-2016. Therefore, it is submitted that this Court may quash the impugned letter, dated 7-9-2017 of the MCI (NMC) addressed to the Secretary (Health), Government of Puducherry and the Director of Health Services, Puducherry, as violative of natural justice. https://www.mhc.tn.gov.in/judis W.P.No.17527, etc. of 2017