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4.Sri Lakshmi Narayana Institute of Medical Science affiliated to Bharat University, a deemed to be University.

8. The first round of counselling to the Post Graduate medical seats to all these seven Institutions was held on 4 th, 11th and 12th of May 2017. The second round of counselling was held on 18 th and 19th of May 2017. The mop-up counselling was held on 29th and 30th of May 2017. After the mop-up counselling that was held on 29th and 30th of May 2017 there were some vacancies in all the Colleges. Therefore, the CENTAC made a public announcement on 30.05.2017 inviting candidates to attend the counselling for the 71 seats at the CENTAC office. However, it was found that the candidates who were sponsored by CENTAC were not admitted and totally different candidates were admitted by six out of seven medical colleges excluding Sri Lakshmi Narayana Institute of Medical Sciences. When the above irregular admissions were brought to the notice of the National Medical Commission, the National Medical Commission after enquiry discharged those candidates who were admitted irregularly, paving https://www.mhc.tn.gov.in/judis W.A.Nos.835 of 2021 etc., batch way for various writ petitions by the candidates and the Institutions.

24. As regards the second category of candidates, whose names were found in the merit list prepared by the CENTAC, but were not allotted to any Institute, it was the contention of the candidates and the Institutes before the writ Court that they were asked to go and join the Institutions wherever there were vacancies, by the CENTAC on 31.05.2017. This claim has been specifically denied by the CENTAC and the candidates admitted by the Institutions on 31.05.2017 were not provided with provisional allotment orders by the CENTAC and therefore their admissions are illegal. Hence, the claim of the Institutions was rejected by the learned Judge.

37. He would also add that a perusal of the list of admitted candidates sent by the CENTAC to the National Medical Commission would show that the 28 candidates who were denied admission and who were the petitioners in W.P.No.31921 of 2017 were shown as admitted candidates in various Institutions by the CENTAC on 31.05.2017. This according to Mr.R.Sreedhar, learned Additional Government Pleader (Puducherry) would show that the Institutions have not reported the fact that they have not admitted the candidates sponsored by CENTAC to the CENTAC to enable it to allot other candidates to the said seat. After having denied admission to those students, the Institutions have admitted students of their choice on 31.05.2017 by creating a vacancy. Relying upon the list of students from each college, the learned Additional Government Pleader would submit that these Institutions are guilty of suppression of information. https://www.mhc.tn.gov.in/judis W.A.Nos.835 of 2021 etc., batch

43.12. The learned Single Judge, while deciding the Writ Petition filed by the students, who were unjustly denied admissions viz. WP No.31921 of 2017 had reached a conclusion that all the 28 petitioners in the said Writ Petition were denied admission unjustly by the Colleges to which they were allotted. The claim of the Colleges that there was no counselling held on 31.05.2017 and all the students, who approached the CENTAC, were required to go to the Colleges and purchase their seats, according to their financial ability, falls to ground from the fact that at least 12 out of the 28 petitioners in WP No.31921 of 2017 have produced the allotment orders dated 31.05.2017 issued by CENTAC. It is also seen from the press note issued by CENTAC on 31.05.2017 that 26 seats were allotted in the counselling conducted for 71 vacancies and the remaining 45 seats were surrender to DGHS, in the teeth of the Press Note issued by the convener of CENTAC on 31.05.2017, the Under Secretary to Government (Health), Government of Puducherry, had no Authority to issue the letter dated 31.05.2017 authorising the illegal admissions. https://www.mhc.tn.gov.in/judis W.A.Nos.835 of 2021 etc., batch 43.13. We have already extracted Regulation 9-A of the Post- Graduate Medical Education Regulations. It provides no room for any admission by an Institution without the allotment being made by the State Recognised Agency. Therefore, the contention of the Colleges that they were authorised by the Government of Puducherry to admit students from and out of the two lists cannot be accepted. The action of the Under Secretary to Government (Health), Government of Puducherry, in issuing the communication dated 31.05.2017 extracted supra is beyond his powers and is against the Regulations and the Orders of the Hon’ble Supreme Court governing the issue. If the seats fall vacant, they must be surrendered to the DGHS, there cannot be any admission by any of the Colleges either from and out of the NEET qualified candidates or otherwise. This position of law being clear, the admissions made in contravention of the above will have to necessarily be set aside and they have been rightly set aside by the National Medical Commission. It is rather gratifying to note that the Regulatory Body viz. the National Medical Commission has acted swiftly at least in these cases of illegal admissions and issued discharge orders within six to https://www.mhc.tn.gov.in/judis W.A.Nos.835 of 2021 etc., batch eight months of the admissions being made.