Madras High CourtWP/9113/2018disposed of

Pondicherry Institute Of v. The Government Of India

2024-01-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.9113 of 2018 Pondicherry Institute of Medical Sciences Rep. by its Chairman Dr.K.Jacob Kalapet Puducherry 605 014.

Petitioner Vs.

1. The Government of India Rep. by its Under Secretary Ministry of Health and Family Welfare Nirman Bawan, New Delhi 110 001.

2. The Medical Council of India Rep. by its Joint Secretary Pocket 14, Sector 8 Dwarka, Phase I New Delhi 11077.

3. The Government of Puducherry Rep. by the Under Secretary to Government (Health) Chief Secretariat, Puducherry.

4. Central Admissions Committee (CENTAC) Rep. by Chairman/Convenor Pondicherry Engineering College Campus Puducherry 605 014.

5. Puducherry Govt. Medical Officers Association (Reg.No.67/08) Rep. by the Secretary No.204, Cuddalore Road, Mudaliarpet Puducherry 04.

Respondents [R5 impleaded vide order dated 26.04.2018 in WMP No.2318/18] W.P.No.10756 of 2018 Sri Venkateswara Medical College Hospital and Research Centre Rep. by its Chairman No.13-A, Pondy-Villupuram Main Road Ariyur, Puducherry 605 102.

Petitioner Vs.

1. The Medical Council of India Rep. by its Secretary Pocket 14, Sector 8 Dwarka, Phase I New Delhi 11077.

2. The Union of India Rep. by its Secretary Ministry of Health and Family Welfare (Dept. of Health - DE Section) Maulana Azad Road New Delhi 110 001.

3. The Government of Puducherry Rep. by the Chief Secretary Higher Education District Office of the Chief Secretariat Puducherry 605 001.

4. The Convenor Centralised Admission Committee (CENTAC) PEC Campus Pillaichavadi Puducherry 605 104.

Respondents W.P.No.9592 of 2018 Sri Manakula Vinayagar Medical College and Hospital Rep. by its Chairman and Managing Director M.Dhanasekaran Kalitheerthalkuppam, Madagadipet Puducherry 605 107.

Petitioner Vs.

1. The Union of India Rep. by its Secretary to Government Ministry of Health and Family Welfare Services New Delhi 110 011.

2. The Medical Council of India Through by its Secretary Pocket 14, Sector 8 Dwarka, Phase I New Delhi 11077.

[Cause title amended vide order dated 20.04.2018 in WMP No.11511/18]

3. The Chief Secretary

Government of Puducherry Chief Secretariat, Pondicherry.

4. The Secretary to Government (Health) Chief Secretariat (Health) Government of Puducherry Puducherry 605 001.

5. The Under Secretary to Government (Health) Chief Secretariat (Health) Government of Puducherry Puducherry 605 001.

6. The Director Directorate of Health and Family Welfare Services (DHFWS) Victor Samuvel Street Puducherry 605 001.

7. The Convenor Centralised Admission Committee (CENTAC) Pondicherry Engineering College Campus Pillaichavadi Puducherry 605 014.

8. Puducherry Govt. Medical Officers Association Rep. by the Secretary No.204, Cuddalore Road, Mudaliarpet Puducherry 04.

Respondents [R8 impeaded vide order dated 26.04.2018 in WMP No.12319/18] Prayer: Petition filed under Article 226 of the Constitution of India seeking

(i) a writ of Declaration declaring that Regulation 9(7) of the Postgraduate Medical Education Regulations, 2000 as amended by the Postgraduate Medical Education (Amendment) Regulations, 2018 is unconstitutional, null and void;

(ii) a writ of Declaration declaring that Regulation 9(7) of the Postgraduate Medical Education Regulations, 2000 is invalid, arbitrary, ultra vires the powers of the 1st respondent, unconstitutional and violative of Proviso to Art. 15(5) of the Constitution of India; and (iii) a writ of Declaration to call for the records pertaining impugned Gazette notification of the 1st respondent dated 05.04.2018 vide No.MCI 18(1)/218-Med/100818, declaring Clause 9(7) which reads as "(7) ..

In Non-Governmental medical college/institution, 50% (fifty percent) of the total seats shall be filled by the state government or the authority appointed by them and the remaining 50% (fifty percent) of the seats shall be filled by the concerned medial colleges/ institutions on the basis of the merit list prepared as per the marks obtained in National Eligibility-cum-Entrance Test" of the Post Graduate Medical Education (Amendment) Regulations, 2018 as null and void as the same is unconstitutional; depriving the fundamental right of the petitioner institution and against the principles laid down by the Constitutional Bench of the Hon'ble Supreme Court in P A Inamdar case.

For the Petitioner in W.P.No.9113/18 : Mr.Abishek Jenasenan

W.P.No.10756/18 :

Mr.T.V.Lakshmanan W.P.No.9592/18 :

Mr.B.Balavijayan For the Respondents in W.P.No.9113/18 : Mr.Rajesh Vivekananthan Dy. Solicitor General for R1 Ms.Shubaranjani Ananth for R2 Mr.V.Vasantha Kumar Addl. GP (Pondy) for R3 & R4 Mr.VBR Menon for R5 W.P.No.10756/18 : Ms.Shubaranjani Ananth for R1 Mr.Rajesh Vivekananthan Dy. Solicitor General for R2 Mr.V.Vasantha Kumar Addl. GP (Pondy) for R3 & R4 W.P.No.9592/18 : Mr.Rajesh Vivekananthan Dy. Solicitor General for R1 Ms.Shubaranjani Ananth for R2 Mr.V.Vasantha Kumar Addl. GP (Pondy) for R3 to R7 Mr.VBR Menon for R8

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel for the Medical Council of India submits that the new Regulations have been introduced on 29.12.2023 superseding the earlier Regulations.

2. Learned counsel for the petitioners submit that the challenge in the writ petitions now would be rendered infructuous.

3. In view of the above, the writ petitions are disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.10938, 10939, 11511, 12703 and 12704 of 2018 are closed. (S.V.G., CJ.) (D.B.C., J.) 08.01.2024 Index :

Yes/No :

Yes/No kpl To

1. The Under Secretary

Ministry of Health and Family Welfare Nirman Bawan, New Delhi 110 001.

2. The Joint Secretary Medical Council of India Pocket 14, Sector 8 Dwarka, Phase I New Delhi 11077.

3. The Under Secretary to Government (Health) Government of Puducherry Chief Secretariat, Puducherry.

4. The Chairman/Convenor Central Admissions Committee (CENTAC) Pondicherry Engineering College Campus Puducherry 605 014.

5. The Chief Secretary Government of Puducherry Chief Secretariat, Pondicherry.

6. The Secretary to Government (Health) Chief Secretariat (Health) Government of Puducherry Puducherry 605 001.

7. The Director Directorate of Health and Family Welfare Services (DHFWS) Victor Samuvel Street Puducherry 605 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 08.01.2024