V.B.R.Menon v. Dr.S.Sharavanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2017
CORAM
THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR Contempt Petition No.
V.B.R.MENON .. Petitioner Vs.
1 DR.S.SHARAVANAN VICE CHAIRMAN AARUPADAI VEEDU MEDICAL COLLEGE CUDDALORE MAIN ROAD, KIRUMANPAKKAM BAHOUR COMMUNE PANCHAYAT PUDUCHERRY - 607 402.
2 DR.ANNABELLE RAJASEHARAN DEAN, VINAYAGA MISSION MEDICAL COLLEGE KEEZHA-KASAKUDI MEDU KOTTUCHERRY, KARAIKKAL - 609 609.
3 M.K.RAJAGOPALAN CHAIRMAN MAHATHMA GANDHI MEDICAL COLLEGE CUDDALORE MAIN ROAD, PILLAYARKUPPAM PUDUCHERRY - 607 402.
4 DR.JAYALAKSHMI DEAN/PRINCIPAL SRI LAKSHMI NARAYANA INSTITUTE OF MEDICAL SCIENCE OUSUDU AGARAM VILLAGE VILLIANUR COMMUNE PUDUCHERRY - 605 502.
(2) 5 DR.V.GOVINDARAJ CONVENOR CENTRALISED ADMISSION COMMITTEE (CENTAC) PEC CAMPUS, ECR ROAD PILLAICHAVADI PUDUCHERRY - 605 014.
(The name of the 4th respondent is substituted as per order dated 28/06/2017 in Cont. P.No.1040/17.
.. Respondents PRAYER: Petition under Section 11 of the Contempt of Courts Act, 1971 read with Rule 6(1) of the Contempt of Courts Rules to punish the respondents for their wilful disobedience of the interim order of this Court dated 16.6.2017 in W.P.No.14232 of 2017.
For Petitioner : Mr.V.B.R.Menon Party-in-Person For Respondents : Mr.R.Parthasarathy for respondents 1 and 2 Mr.R.Vijaynarayan Senior Counsel for M/s.Menon, Karthik, Mukundan Neelakantan for 3rd respondent Mr.K.Kumaresh Babu for 4th respondent Mr.A.Gandhiraj Government Pleader (Puducherry) for 5th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The question before us is whether the alleged contemnors, impleaded as respondents, are in wilful and deliberate violation of the order dated 16.6.2017 passed by
(3) this Bench in the writ petition, being W.P.No.14232 of 2017, filed by Mr.V.B.R.Menon, advocate, as a public interest litigation.
2. The writ petition pertains to admission of students to the Post Graduate Courses in Medical Colleges, which are self-financed deemed universities. Considering that the medical colleges which were self-financed deemed universities were charging exorbitant fees ranging from Rs.40 to 50 lakhs per annum, this Bench directed that a Fee Committee be constituted by the University Grants Commission and the Ministry of Human Resource Department to study the fee structure of the deemed universities and determine the fees that should be charged. Pending such determination, we passed an interim order directing the deemed universities to admit the students provisionally selected and successful in the admission tests/counselling to the vacant seats in order of their merit, subject to the condition that the students shall each deposit Rs.
(4) amount.
3. It appears that the seats in all the deemed universities were filled up before the date of the interim order save and except one seat in Radiology; two seats in Orthopaedics; and one seat in E.N.T. in Sri Lakshmi Narayana Institute of Medical Science, Puducherry.
4. Mr.V.B.R.Menon argued and may be rightly that the admissions were not in accordance with law and were liable to be set aside. However, in proceedings for contempt, the scope of scrutiny by Court is restricted. The Court can neither go behind its earlier order nor alter or modify its earlier order. The Court is only to see if there is wilful and deliberate violation of an order of Court which tarnishes the majesty and/or dignity of the Court and or its processes.
5. Since there were no vacant seats as on 16.6.2017 except for the four seats in Sri Lakshmi Narayana Institute of Medical Science, Puducherry, referred to above, it cannot be said that the contemnor respondents have deliberately flouted any order of this Court.
6. So far as Sri Lakshmi Narayana Institute of Medical Science, Puducherry is concerned, it appears that the CENTAC, being the authority which admits students, has
(5) admitted two students against one vacant seat in Radiology Department. Accordingly, the authorities of Sri Lakshmi Narayana Institute of Medical Science, Puducherry, have been in dilemma as to the course of action to be taken by them.
It is submitted that they had even sought clarification from CENTAC.
7. The learned counsel appearing on behalf of the fourth respondent, being the Dean/Principal of Sri Lakshmi Narayana Institute of Medical Science, Puducherry, agrees to admit the student who ranked higher in the selection test. The learned counsel appearing on behalf of CENTAC also agrees to our suggestion that the candidate who ranked higher may be admitted to the available vacant seat.
8. The learned counsel appearing for the fourth respondent submits that two candidates were recommended by the CENTAC for the two vacant seats in Orthopaedics after counselling. One of the candidates has been admitted, but the other has not taken admission as the candidate has got admission elsewhere. Similarly, there are no candidates for the vacant seat in the ENT Department.
9. As observed above, it cannot be said that any of the respondents, impleaded as alleged contemnors, are in wilful or deliberate violation of any order of this Court. The contempt proceedings are dropped with a direction on
(6) the respondents to permit the candidate who ranked higher in the selection test out of the two candidates recommended by CENTAC to join the course in Radiology forthwith, subject to the conditions stipulated in our order of 16.6.2017.
10. The disposal of the contempt proceedings will not prevent Mr.V.B.R.Menon or any of the candidates from initiating fresh writ petitions in accordance with law, if so advised.
SD/- JOINT REGISTRAR(OS)(i/c) sasi //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
SS/CO/13/07/2017 To:
1 VICE CHAIRMAN AARUPADAI VEEDU MEDICAL COLLEGE CUDDALORE MAIN ROAD, KIRUMANPAKKAM BAHOUR COMMUNE PANCHAYAT PUDUCHERRY - 607 402.
2 DEAN, VINAYAGA MISSION MEDICAL COLLEGE KEEZHA-KASAKUDI MEDU KOTTUCHERRY, KARAIKKAL - 609 609.
3 CHAIRMAN MAHATHMA GANDHI MEDICAL COLLEGE CUDDALORE MAIN ROAD, PILLAYARKUPPAM PUDUCHERRY - 607 402.
(7) 4 DEAN/PRINCIPAL SRI LAKSHMI NARAYANA INSTITUTE OF MEDICAL SCIENCE OUSUDU AGARAM VILLAGE VILLIANUR COMMUNE PUDUCHERRY - 605 502.
5 DR.V.GOVINDARAJ CONVENOR CENTRALISED ADMISSION COMMITTEE (CENTAC) PEC CAMPUS, ECR ROAD PILLAICHAVADI PUDUCHERRY - 605 014.
one cc to Mr.V.B.R.Menon, P-in-P sr.No.7415/17 one cc to Mr.K.Kumaresh Babu, Advocate, Sr.No.7397/17 one cc to the Govt Pleader sr.No.7441/17 one cc to Mr.Menon Karthik, Advocate sr.No.7512/17