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3. On an allegation that 65 students, where admitted in the PG Courses run by various Private Institutions under Management quota who were not eligible for admission, but pursuant to the criminal conspiracy entered between these petitioners and the officials of Private Colleges, ineligible candidates have been admitted the case has been registered by CBI.

4. It is contended by the petitioners that they have not violated any of the procedure or direction of the Government of Medical Council of India. Due to political controversy, a case has been registered by CBI, which has no territorial jurisdiction over the Union Territory of Pondicherry. Further, it is contended by the petitioners that non-admission of candidate sponsored by CENTAC and admission of candidate not sponsored by CENTAC are making of Private College Management, which is subject matter of writ petitions pending in the High Court as well as the Hon'ble Supreme Court. As members of CENTAC, they have no role in the said alleged misdeed. In fact, the CENTAC took a conscious decision to protect the interest of genuine candidates sponsored by them. Therefore, a fee of Rs.10 lakhs was collected by them and the concerned Colleges were instructed to admit the sponsored candidate. Despite that, some of the Institutions failed to honour the said direction. In such cases, CENTAC has warned them that they will recommend for cancellation of recognisation. In fact, on 22.06.2017, a detailed complaint has been made to Medical Council of India about misdeed of the Private Institutions reducing to accommodate the candidate sponsored by the CENTAC.

5. While so, the criminal complaint registered against the members of the CENTAC has given a wrong impression among the general public as if the members of the CENTAC are responsible for the misdeed. The petitioners, who are responsible officials having discharged their duty blameless cannot be made as scapegoats for claiming political brown point. Therefore, the First Information Report is liable to be quashed.

6. The learned Senior Counsel appearing of the petitioners, apart from the above factual submission, would also submit that CBI has registered the complaint based on source information for which they are not empowered to do so, in the light of bar under Section 6 of Delhi Special Police Establishment Act, 1946. Further, the learned Senior Counsel appearing for the petitioners would submit that under General Clauses Act, Section 3 (58) State includes Union Territory. In Entry 80 of List II in Schedule 7 of Indian Constitution the power of policing vest with State. Therefore, without consent of the Government of Puducherry, CBI cannot registered a case and investigate the matter, which exclusively falls within the domain of the State. When the Union Territory of Pondicherry as a State did not request the CBI to investigate the matter, the respondent cannot step into the domain of the States, at the instance of some political bigwigs. Further, when the subject matter of the admission has now been seized of by the Hon'ble Supreme Court in all proprietary, the respondent should refrain from resorting to precipitate the issue by registering the criminal complaint.

9. As far as this case is concerned, the CENTAC has miserably failed to discharge the function but contrarily had facilitated the Private Institutions to admit the students of their own choice. Therefore, the deliberate inaction of the members of the CENTAC had given room to the Private Institute to admit the students who are not sponsored by the CENTAC by collecting exorbitant fees. Thereby, genuine and meritorious candidates are deprived of seat. After the advent of NEET, era the admission to Medical Course both for UG and PG has to be made based on the NEET score. In so far as, the Union Territory of Pondicherry is concerned, there are 380 PG/Diploma seats are available. Out of which, 162 seats are earmarked for Government quota and 156 seats are earmarked for Management quota. As against 156 seats under Management quota, 1827 candidates applied and the counselling was conducted by the CENTAC. On 04.05.2017, the first round of counselling commenced and completed on 11.05.2017. The second round of counselling for the Government quota commenced on 11.05.2017. On the same day, first round of counselling for Management quota also commenced, which continued the next day i.e on 12.05.2017. The students allotted to the Private Colleges under Management quota were denied admission by the Private Colleges and the Deemed University. Even though this was brought to the notice of the CENTAC, immediately no effective action was taken by them.

10. The source information reveals that Four Institutes have denied the admission to students sponsored by CENTAC. The list of candidates denied their admission form part of the First Information Report. Those Institutes besides denying admission to the sponsored candidates had admitted candidates who were not sponsored by CENTAC. Since the wanton in action of the CENTAC to facilitate the Private Colleges to admit the students not sponsored by the CENTAC, the case has been registered and the same is under investigation.