Indian Kanoon - Search engine for Indian Law

https://www.mhc.tn.gov.in/judis/  W.P.Nos.14232 of 2017 & 8331 of 2020

15.Mr.Guru Krishna Kumar, learned senior counsel appearing for Mr.L.Swaminathan, learned counsel for the 10th respondent Deemed to be university raised an objection which is in the nature of a preliminary objection qua the prayer sought for in the writ petition in W.P.No.14232 of 2017. It is submitted by the learned senior counsel that the said writ petition has become infructuous and nothing survives for adjudication as the matter concerned the fixation of fee in respect of the Post Graduate admissions to medical and dental courses for the academic session 2017-18. Referring to the counter affidavit filed by the 10th respondent, it is submitted that the Government of Puducherry by order dated 25.02.2017 had entrusted the work of filling up of Post Graduate Medical and Dental seats in Government/Private/Deemed Universities to be undertaken by CENTAC for the year 2017-18. The Under Secretary to Government, Ministry of Health and Family Welfare by communication dated 10.03.2017 had stated that the MCI has amended the Post Graduate Medical Education Regulations, 2000 by inserting Clause 9A providing common counselling of seats in private educational institutions and in terms of the same, counselling for all PG Medical courses is to be https://www.mhc.tn.gov.in/judis/  W.P.Nos.14232 of 2017 & 8331 of 2020 undertaken by the State Government. The Under Secretary to Government of Puducherry by communication dated 17.04.2017 addressed to CENTAC has specifically informed that the fee structure in respect of college under Deemed Universities which do not come under the purview of Fee Committee, the candidates were requested to verify the fees structure from the website of the concerned Deemed University. The 10th respondent has notified in its website the fee structure which has also been displayed by CENTAC for the information of students opting to join 10th respondent College for the academic session 2017-2020. In terms of the orders passed by the Hon'ble Supreme Court dated 04.05.2017 in W.P.(C).No.244 of 2017, the counselling process shall be based on All India Merit List in so far as the Deemed Universities and the students who secure admission in PG Medical Courses should deposit with the admission counselling committee the tuition fees by ways of Demand Draft drawn in the name of the Deemed University and the counselling process shall be based on All India Merit List alone and there was criteria for sharing of seats with the State Government as Deemed to be Universities are on a completely different footing from the other https://www.mhc.tn.gov.in/judis/  W.P.Nos.14232 of 2017 & 8331 of 2020 Medical Colleges and the Deemed to be Universities have a All India character. Further, the Hon'ble Supreme Court by order dated 09.05.2017 in W.P.(C).No.267 of 2017 has laid down the procedure to be adopted during the conduct of counselling by the State authorities, wherein the DGHS/State Government should obtain the consent of the students regarding their willingness to pay the fees provided in the notification and take admission in the Deemed to be Universities.

16.Further, the CENTAC issued a note dated 11.05.2017 clearly mentioning that the students have to pay the tuition fee as prescribed by the concerned Deemed to be University. To the same effect, the Government also issued notices dated 30.05.2017 and 31.05.2017. Despite these orders since there was procedural violation while conducting counselling, contempt petition in Cont.P.No.1487 of 2017 was filed before the Hon'ble Supreme Court by the Education Promotion Society for India against CENTAC in which notice has been ordered and the contempt petition is pending. Further, the admissions for the academic session 2017-18 was completed on https://www.mhc.tn.gov.in/judis/  W.P.Nos.14232 of 2017 & 8331 of 2020 31.05.2017 and the students have paid the fee without any remorse. It is further submitted that the interim order dated 16.06.2017 passed by this Court in W.P.No.14232 of 2017 directing deposit of Rs.10,00,000/- was only in respect of those students who were to join the vacant seats available between 16.06.2017 to 19.06.2017 and it is not the fees fixed by the Court for the other students who were admitted before 31.05.2017. Therefore, it is submitted that the prayer sought for in the writ petition does not any longer survive for adjudication. That apart, the National Medical Commission Act, 2018 [NMC Act] have come into force, any decision in these writ petitions will have a wider ramification and would have an All India impact and in the absence of other Deemed to be Universities which are functioning in the Country, the relief sought for cannot be adjudicated. In this regard, the learned senior counsel referred to the communication sent by the UGC, wherein it has been clearly stated that the NMC Act will prevail and even under the said Act, the fee for medical courses in Deemed to be Universities shall be determined by NMC with respect of 50% of the seats. Thus, it is the submission of the learned senior counsel that the relief sought for in https://www.mhc.tn.gov.in/judis/  W.P.Nos.14232 of 2017 & 8331 of 2020 W.P.No.14232 of 2017 and the order passed by this Court on 26.04.2018 are subject matter of consideration in the matters pending before the Hon'ble Supreme Court in W.P.(C).No.949 of 2018, W.P.(C).No.973 of 2018 and W.P.(C).No.1004 of 2018.

57.The petitioner would state that other meritorious students were unable to secure admission in the respondent/Deemed to be Universities due to their inability to pay exorbitant fee demanded by them and 29 of them have filed affidavits narrating their ordeal. Reference was also made to the communication of the Central Bureau of Investigation, Anti Corruption Branch, Chennai dated 06.02.2020 addressed to the Chief Secretary to Government, Government of Pondicherry with regard to the status of RC 20 (A/2017 CBI, ACB, Chennai) intimating that CBI, ACB, Chennai has registered a case on 18.09.2017 against the then Chairman of CENTAC; the then Director of Health and Family Welfare, Government of Pondicherry; the then Secretary (Health), Government of Pondicherry; the then Convener, CENTAC; the then Joint Convener, CENTAC; the then Coordinator, CENTAC, who have been arrayed as accused nos.1 to 6; the Managing Director of the 10th respondent is the 7th accused; the Managing Director of https://www.mhc.tn.gov.in/judis/  W.P.Nos.14232 of 2017 & 8331 of 2020 the 8th respondent/Deemed to be University is the 8th accused; the Registrar of the 9th respondent is the 9th accused; the Managing Director of the 11th respondent is the 10th accused and there are other accused as well.

58.The said communication further states that after completion of the investigation, final order was passed by the competent authority to prosecute the Managing Director/Registrar of the respondent/Deemed to be Universities and that the charge sheet is under preparation and will be filed soon. Further, the communication states that no action is contemplated against the then Chairman of CENTAC; the then Director of Family Welfare, Government of Puducherry; the then Secretary (Health), Government of Pondicherry; the then Convener, CENTAC; the then Joint Convener, CENTAC; the then Coordinator, CENTAC; and the Managing Director of the 11th respondent/Deemed to be University. In terms of the above communication, it is seen that the Managing Directors of the 8th, 9th and 10th respondents have been arrayed as accused in the criminal case registered by the CBI, Anti Corruption Branch.