Madras High Court
The State Of Tamil Nadu vs P.S.Sairam on 23 April, 2019
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
1 In the High Court of Judicature at Madras Dated : 23.4.2019 Coram The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Writ Appeal No.799 of 2019 & CMP.No.6323 of 2019
1.THE STATE OF TAMIL NADU, THROUGH ITS SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, FORT ST.
GEORGE, CHENNAI-9.
2.THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION DME 156 POONAMALLEE HIGH ROAD, KILPAUK, CHENNAI-10. ...Appellants Vs
1.P.S.SAIRAM
2.SAAD ASLAM KHAN
3.NEIMENUO KUOTSU
4.DR.AMIT KUMAR
5.JYOTHIS PULIYAMKUNNATH JOSE
6.T.M.VAISHNAVI
7.K.KOKILA
8.MIDHUN MOHAN
9.VIJAY G
10.M.RAMYA JOTHI
11.WARANG OMKAR SHARAD
12.V.VISHNUPRIYA
13.NEHA DHOK
14.SUGUMARAN KANDASAMY
15.BALARISUK BYRSAT
16.ANUSREE A KARUN
17.POORNIMA K.NAIR http://www.judis.nic.in 2
18.UDAY SRINIVAS
19.THAMARAIKANNAN
20.POORNIMA.T
21.MERIN VARGHESE
22.MARTUM JOKIK
23.GANGA CHELLAMUTHU
24.K.SANGHEETHA
25.NISHANT KUMAR SAHU
26.POURNAMI B
27.R.SRINATH
28.K.GAYATHRI
29.PRIYANKA V K
30.KETHAVATH ANITHA
31.FLAICY VARGHESE
32.SAVITHA MANOKARAN
33.CHIDAMBARAM SETHURAMAN
34.VYAS NARAYANAN
35.SANJANA S
36.KARTHIKA SANKAR
37.SUHAN DINESH NARAYAN
38.VAISHNAVI VK
39.ASHWINI MUTHUSAMY
40.KOCHAMI P A
41.HARITHA
42.M.AMALA GRACE
43.NANDHINI M.V.
44.VIDHYA MOHAN
45.SHARADHA SUNDARARAMAN
46.PRIYADHARSHINI JEYAPRAKASH
47.HANGSHING THANGALAWMLAL
48.PRADEEP RAM S
49.J.NIVEDITA
50.G.DHIVYALAKSHMI
51.NAZIA HUSSAIN
52.SHRUTHI JAYAPAL
53.RAJESH M
54.MALAVIKA S
55.LEKSHMI MOHAN
56.KALIRAJ ALWAR MURUGARAJ
57.SUSAN JACOB
58.R.AFREEN NAHAR
59.SOUNDARYA BALAJEE
60.AJAY ABRAHAM
61.THURAKA SHILPA REDDY http://www.judis.nic.in 3
62.NIVETHA KAMESWARI V
63.ANN MARY ZACHARIAS
64.SARATH R S
65.KANDKURTIKAR RACHANA RAMACHANDRA
66.G.PRASANTH
67.HRIDYA VASUDEVAN
68.K.LOHIT SAI
69.SONY P S
70.TEENA K
71.VIDHYA RENGARAJU
72.C.S.SRI SUGHANYA
73.A.K.ROOPA
74.S.ANU
75.ANTONY THOMAS
76.JAYASREE RAJENDIRAN
77.DEVI KRISHNA G.S.
78.K.PRAVEEN
79.SUDHA JANAKY M S
80.THOMAS BABU
81.R.JAY GANESH
82.RITIKA GAUTAM
83.SNEHA SURESH
84.GOKUL PRASANNAN
85.SWATHY RAJU
86.TRUPTI NARASIMHAPPA
87.GOMATHI
88.REMAN RAJENDRAN
89.A.SUJA RAJAN
90.SHRAAVAN KUMAR B
91.MANOCHITHRA
92.SWETHA K
93.VIJAYARAGAVAN R
94.K.G.RAJ NIHEDAN
95.A.ABDUL RAHIM
96.AMEENA ASLAM
97.JITHU GEORGE
98.ASHWINI RAJASEKARAN
99.KRISHNA KUMAR S
100.ATCHYA ELANGOVAN
101.LALITHA RAJALAKSHMI
102.ANUSHA RAMADOSS
103.TREESA P VATTAKUZHI
104.JERRIN C JOY
105.ARUNA S K http://www.judis.nic.in 4
106.ANUPAMA S
107.C.MADHUMITHA
108.RAUT ASHWINI SANJAY
109.RUBU ANU
110.POORNIMA NAIR
111.SREE DIVYA M
112.T D VARNEIKIP CHIRU
113.PRASANTH J
114.SWATHI PRAKASH J
115.P.EZHIL
116.ROJER DAVID BINNY V
117.ANBARASAN S
118.G.NAGAPRIYA
119.SAI SHIVA G
120.MANJU MUNIYAPPA
121.SRINIDHI V
122.R.AISWARYA
123.DHIVYAA M
124.SWATI GUPTA
125.REMYA E
126.SHIBIN SASIDHARAN
127.UTPAL SUTARIA
128.N.SUDHA PRIYADHARSHINI
129.SALAHUDHEEN M
130.AJITHA D
131.SARANYA S
132.ABDUL LATHEEF ABDUL GAFOOF
133.SHIRLEY T LEIVON
134.S.ANBARASAN
135.ARJUN C
136.INGERSAL N
137.VARUN P.G
138.KARTAVYA KAVADYA
139.JERRY ABRAHAM JOSEPH
140.SINJU SANKAR P
141.ANI THAMPI
142.SHABIN J
143.SUGANYA E
144.N.EZHIL
145.LAKSHMI S.SUBEDAR
146.REMYA PARVATHY R
147.BOGALA GOWTHAMI
148.SRUTHI R S
149.INAN LOLLEN http://www.judis.nic.in 5
150.IVEK NAGAPPA
151.M.SRILAXMI
152.DELPHIN SUPRIYA J
153.SAATH HARIDAS
154.ASWATHY B.S.
155.JAMKHOPUM BAITE
156.MOHAMMED THARIQ
157.ANJU ROSE GEORGE
158.K.PRAVEEN
159.MEGHANA SELVARAJ
160.R.KARTHIK
161.NAMITHA RAJENDRAN
162.SATHIYA T
163.ARUN GOVIND
164.AARUSHI MANU
165.ISHWARYA JEYAGANTHI
166.T.RAJAKUMARI
167.INSHA MEHRAJ KAK
168.ARUL MURUGAN A
169.ARUNKUMAR A
170.NIRANJANA ASOKAN
171.ARULSELVAN
172.S.PRAVINSELVAM
173.J.MANOJ
174.AMUTHAVALLI K
175.MOHANAPRIYA ARUMUGAM
176.JAYA JARIKA
177.MIDHU K PRAKASH
178.KAVIYA MURUGESAN
179.GNANESHWARI P
180.DEEPIKA M
181.HIMA SURENDRAN
182.SANJU S T
183.ARUN PRASANTH K
184.AMBUJA SEKHAR
185.J.HEMILDA PERIANAYAKI
186.ASHWINI B
187.KUNAL KISHOR TAWARE
188.S.MURALI KRISHNAN
189.S.THALABATHIK KUMARA VIKRAM
190.SANJEEV P
191.SANJANA S
192.RAGINI RAJAN
193.NIKHIL RAJ R http://www.judis.nic.in 6
194.DR.B.AGNI
195.MR.VASANTH KARTHIKEYAN
196.ABDULLA ANCHUKANDAN
197.PC HMINGMUANPUII
198.ANWIKA KIRTI KUKJUR
199.JAMSHEER VT
200.DR KARTHIKEYAN M
201.DR.M.MARIAM HABEEBA
202.DR.VIJAYAKUMAR A
203.DR.ESAKKI
204.DR.SUBASHINI M.R
205.SRIRADHU V.G.
206.SINDHU KALYANARAMAN
207.MEENAXI P MEHTA
208.M.Y.MOHAMED YASAR
209.THE REGISTRAR, TAMIL NADU DR.M.G.R. MEDICAL UNIVERSITY GUINDY, CHENNAI-25.
210.THE REGISTRAR, TAMIL NADU MEDICAL COUNCIL, 914, POONAMALLEE HIGH ROAD, ARUMBAKKAM, CHENNAI-106. ...Respondents APPEAL under Clause 15 of the Letters Patent to set aside the order dated 01.10.2018 made in W.P.No.23874 of 2018.
For Appellants : Mrs.Narmadha Sampath, AAG assisted by Mr.T.M.Pappiah, SGP For Respondents 1, 5, 6, 10, 12 14, 15, 17, 20, 24, 25, 28, 30, 31, 39, 40, 44, 46, 47, 53, 55, 59, 61, 63 to 65, 67, 71, 72, 74, 75, 76, 83, 85, 86, 92, 93, 97, 110, 120, 126, 132, 140, 145, 146, 151, 153, 154, 157, 159 to 162, 172, 174, 177, 181, 184, 186, 188 & 195: Mr.R.Arumugam For Respondent-128 : Mr.P.Gnanasekaran For Respondents 9, 27, 46, 107 & 185 : Ms.A.Priyadardhini For Respondent-209 : Mr.D.Ravichander http://www.judis.nic.in 7 Judgment was delivered by T.S.SIVAGNANAM,J We have heard the respective learned counsel for the parties.
2. This appeal has been filed by the State namely the Secretary to Government, Health and Family Welfare Department and the Director of Medical Education challenging the order dated 01.10.2018 passed by the learned Single Judge in W.P.No.23874 of 2018.
3. The said writ petition was filed by respondents 1 to 208 herein seeking for the issuance of a Writ of Mandamus to direct the 209th respondent herein namely the Registrar, Dr.MGR Medical University to implement the order passed by the second appellant - the Director of Medical Education vide communication dated 17.7.2017, in and by which, it has been stated as follows :
“Ref.No.51829/MEII/1/2017 Directorate of Medical Education, Kilpauk, Chennai-10.
Dated 17.7.2017 Sub : Medical Education – Returning of original certificates of All India Quota post graduate candidates - instructions issued – regarding Ref : This office letter Ref.No.51829/MEII/1/2017 dated 14.7.2017 **** In continuation of this office letter cited, all the Deans of the Government Medical Colleges are instructed to return the original certificates only to the students selected under All India Quota without insisting on the undertaking.
Sd./ A.Edwin Joe Director of Medical Education” http://www.judis.nic.in 8
4. In terms of the above communication, the second appellant instructed the Deans of the Government Medical Colleges to return the original certificates to the students selected under the All India Quota without insisting on the undertaking.
5. Admittedly, on the date, when the said writ petition was heard and disposed of by the impugned order, the communication sent by the second appellant continues to remain in force.
6. The grievance of the writ petitioners – respondents 1 to 208 herein was that the University and the Deans of the Government Medical Colleges were not implementing the directions of the second appellant.
7. The grievance expressed by the learned Additional Advocate General is that the said writ petition was allowed at the admission stage.
8. However, we find that the said writ petition was not allowed on the very same day when the case was listed for admission. Nevertheless, the said writ petition was allowed without a counter affidavit. In our considered view, no counter affidavit would be required considering the fact that the second appellant herein – second respondent, in the said writ petition, neither disputed issuance of the said communication dated 17.7.2017 nor took a contrary stand in the said writ petition. Now, the appellants are attempting to set up a case that despite the said communication of the second appellant dated 17.7.2017, the original certificates of the writ petitioners, who were admitted under the All India Quota cannot be returned.
http://www.judis.nic.in 9
9. For such a purpose, a counter affidavit, an additional counter affidavit and sample bond copies are produced. In fact, the additional counter affidavit has been sworn to by none other than the second appellant herein.
Even before us, the second appellant has not stated anything as to what is the effect of his communication dated 17.7.2017 and under what jurisdiction, he had addressed to all the Deans of the Government Medical Colleges to return the certificates to the students, who were selected under the All India Quota without insisting on any undertaking.
10. In fact, this appears to have been pursuant to a communication, which was sent by Dr.J.Radhakrishnan, IAS, Secretary to Government, Health and Family Welfare Department vide D.O.Letter No.3432/ME/2016-1 dated 05.2.2016 addressed to Dr.(Prof). Jagdish Prasad, Director General of Health Services, Ministry of Health and Family Welfare, Government of India, New Delhi. Dr.J.Radhakrishnan, IAS, Secretary to Government, Health and Family Welfare Department, has, in no uncertain terms, stated that the candidates selected under the All India Quota had contended that they had been selected and admitted to the post graduate courses under the All India Quota as per the prospectus issued by the National Board of Examination and that they need not follow the bond condition in the prospectus issued by the State Government. Taking into consideration the stand taken by the candidates selected under the All India Quota, Dr.J.Radhakrishnan, IAS, Secretary to Government, Health and Family Welfare Department addressed http://www.judis.nic.in 10 to the Director General of Health Services requesting him to move the Government of India to incorporate two conditions in the prospectus for admission to post graduate courses under the All India Quota issued by the Director General of Health Services specifically quoting that the candidates selected under the All India Quota in Tamil Nadu have to abide by the same.
11. The communication sent by Dr.J.Radhakrishnan, IAS, Secretary to Government, Health and Family Welfare Department make things clear that in the understanding of the appellants, no undertaking or bond or condition was required to be complied with by the students, who have been selected under the All India Quota. Thus, in our considered view, the present attempt of the appellants to assail the correctness of the order passed by the learned Single Judge is a futile attempt and for the reasons indicated by us in the preceding paragraphs, there are no good grounds made out by the appellants to interfere with the order passed by the learned Single Judge.
12. Accordingly, the above writ appeal is dismissed. No costs.
Consequently, the connected CMP is also dismissed. The appellants are directed to return the original certificates to respondents 1 to 208 – writ petitioners within a period of one week from today.
13. In so far as the fourth respondent herein namely Dr.Amit Kumar, S/O Shri Om Prakash, R/O S-221/35 GALI NO.4, Vishnu Garden, New Delhi, Reg.No.3497 is concerned, the candidate had remitted the bond amount without prejudice to his rights and http://www.judis.nic.in 11 contentions and with a liberty to contest this appeal. As we have dismissed this appeal by this judgment, the appellants herein/ appropriate Authorities are directed to refund the entire amount collected from the fourth respondent herein namely Dr.Amit Kumar forthwith.
23.4.2019 Internet : Yes To
1.THE REGISTRAR, TAMIL NADU DR.M.G.R. MEDICAL UNIVERSITY GUINDY, CHENNAI-25.
2.THE REGISTRAR, TAMIL NADU MEDICAL COUNCIL, 914, POONAMALLEE HIGH ROAD, ARUMBAKKAM, CHENNAI-106.
RS http://www.judis.nic.in 12 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS WA.No.799 of 2019 & CMP.No.6323 of 2019 23.4.2019 http://www.judis.nic.in