Chhavi Pareek v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.7539 of 2021 1 Chhavi Pareek 2 P.Jana Sruthi Nivedha 3 K.Sussendra 4 S.Malathi 5 S.Priyadharshini 6 S.Renuga 7 P.Gobika 8 S.Nivedha 9 T.Gaythri 10 V.Kashish 11 B.Roshini 12 S.B.Sherin 13 G.Nethra Varsa 14 A.P.Garvin Ahalya 15 M.Saranya 16 S.Sruthi 17 V. Gokul Shree 18 E. Pavithra 19 E. Lakshika 20 M. Ishwarya 21 J. Gayathri 22 R. Reshmika 23 B. Kanishka 24 G. Gayathri 25 R.S. Shrinidhi 26 R. Deepika Devi 27 N. Harinesri 28 M. Abhirami 29 D. Janani 30 D. Harini 31 G. Sahana 32 M. Premlatha 33 S.R. Natreenai Balam 34 V. Suvathi

35 S. Priyadharshini 36 S. Maha Lakshmi 37 E. Sriranjini 38 T. Thamizhkodi 39 A.T. Isai Aruvi 40 V. Sopiya 41 K. Yogapriya 42 R. Tharani 43 S. Monica Devi 44 R. Shruti 45 D. Keerthana 46 S. Anusha 47 R. Thilagam 48 M. Madhumitha 49 N. Praveena 50 G. Shreenidhi 51 N. Shyamala 52 J.K. Karnisha 53 Aswiya Begum 54 M. Kaviya 55 G. Akshaya 56 S.T. Snehashree 57 A. Pandi Thilagam 58 Huzaifa 59 R. Kiran Yadav 60 V. Vaishnavi 61 K. Dharshika 62 M. Deepika 63 C. Sarojini 64 R. Santhoshini 65 A.S. Amrin 66 C. Shreya Susan 67 K. Kanishkadevi 68 T. Aruna 69 T. Kivinitha 70 V. Shelina Jinu 71 A. Sneha 72 T.A. Banuprabha 73 R.G. Subhashini 74 K. Sridharshana 75 B. Samruddhi 76 D.N. Kousalya 77 S. Hemapreethi 78 D. Periyar Venmani 79 J. Gokula Srinivasan 80 K. Harish 81 N. Anantha Kumar 82 R. Paartha Sarathy 83 Amogh Deepankar Kadam 84 A.P. Arun Pravin

85 R. Hari Prasaath 86 J. Shaktheedar 87 G. Sivasuriyan 88 S. Naveenkumar 89 Hareesh Raja 90 S. Vikram 91 R. Neeraj Milind 92 L.R. Yashwaant 93 K. Tharun 94 G. Akash 95 M. Gunavel 96 T. Kishore 97 G. Thirukkumaran 98 J. Sriram 99 C. Subash Chandran 100 P.R. Barath Kumar 101 M. Faizuddin 102 O. Thamodharan 103 A. Karthickraja 104 S. Narendran 105 V. Kasinathan 106 P. AnbuBrynold 107 S. Charanyan 108 A. Jeyaganeshkumar 109 M. Ramalingam 110 E. Abimanyu 111 V. Joe Jeffrin 112 K. Prabakaran 113 M. Pradeep Kumar 114 S. Sivaram Kumar 115 B. Thejeshwar 116 M. Vasanthakumar 117 M. Balaganesh 118 K. Vijay 119 S. Amirtharaj 120 P. Shiyam Chandar 121 R. Gurumoorthy 122 S. Karthikraja 123 S. Amaran 124 M. Nisithpraveen 125 R.V. Sivanatha Kiran 126 J. Revanth 127 R. Sudharsan 128 A. Arunachalesh 129 R. Hariharan 130 R.G. Abilash Gnanam 131 K.A. Gowsik Sailesh 132 M. Mubin Ahmed 133 Godson J Nihil 134 S. Saran

135 K. Harinidharan 136 A.J. Beslin George 137 S. Sureshkumar 138 M. Aanand 139 P. Shriman 140 V. Sarveswaran 141 R.K. Sivaraama Bose 142 P. Mukesh 143 Abdullah Ayiz 144 R. Sujay Rajhen 145 S. Sangameshwaran ..Petitioners Vs 1 The Government of Tamil Nadu Represented by its Secretary to Government Higher Education Department Fort St George Chennai - 600 009.

2 The Secretary to Government Government of Tamil Nadu Health and Family Welfare Department Fort St. George Chennai - 600 009.

3 The Tamil Nadu Dr. MGR Medical University Represented by its Registrar No.69 Anna Salai Guindy Chennai - 600 032.

4 The Directorate of Medical Education 162 Periyar E.V.R. High Road Kilpauk Chennai - 600 010.

5 Annamalai University Represented by its Registrar Annamalai Nagar, Chidambaram - 608 002 Cuddalore District.

6 The Controller of Examinations Annamalai University Annamalai Nagar Chidambaram - 608 002, Cuddalore District 7 Rajah Muthiah Medical College and Hospital (Now changed as Government Medical College and Hospital, Cuddalore District) Rep. by its Dean, Annamalai Nagar Chidambaram - 608 002.

..Respondents

Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the 2nd respondent vide proceedings in G.O. (Ms) No.122 Health and Family Welfare (MCA-2) Department dated 26.2.2021 the Tuition Fee Action affixed by the 5th respondent vide proceedings in T / 2021 dated 3.3.2021 and the schedule for the MBBS Degree University Examination-March 2021 dated 9.3.2021 issued by the 6th respondent and quash the same in so far as the 1st year MBBS students are concerned and consequently direct the respondents 1 to 4 herein to complete the process of taking over of the 7th respondent college affiliation process by the 3rd respondent University and forthwith conduct the University Examinations for the 1st year MBBS degree course. For the Petitioners : Mr.G.Arul Murugan For the Respondents : Mr.C.Harsha Raj Counsel for the State for respondent Nos.1,2 and 4 : Mr.S.Wilson for respondent No.3 Mr.K.Sathish Kumar for respondent Nos.5, 6 & 7

ORDER

(Order of the Court was made by P.D.Audikesavalu, J.) The petitioners, who have been admitted to the MBBS course during the academic year 2019-2020 in the college of the Seventh Respondent, have filed this Writ Petition seeking direction that the examination for their course of study shall be conducted by Tamil Nadu Dr. MGR Medical University/Third Respondent.

2. In response to the aforesaid relief claimed, the First, Second and Fourth Respondents have filed Counter-Affidavit dated 27.04.2021 in which it has been stated that the students admitted for MBBS course upto the academic year 2020-2021 would have to appear for the examinations conducted by Annamalai University/Fifth and Sixth Respondents till they obtain their degree certificate. It has been further clarified that the said students are not entitled to appear for examinations conducted by Tamil Nadu Dr. MGR Medical University/Third Respondent since the affiliation of the College of the Seventh Respondent to the Third Respondent is prospective from the academic year 2021-2022 onwards. In view of the same, it is not possible to grant the

relief claimed in the Writ Petition.

3. Learned Counsel appearing for the Petitioner referring to paragraph 2 of G.O.Ms.No.45, Health & Family Welfare (MCA-2) Department, dated 01.02.2021 wanted a clarification from the Respondents as to what would be the fee structure to be followed in respect of the students admitted prior to the academic year 2020-2021.

4. In this regard, paragraph 4 of G.O.Ms.No.45, Health & Family Welfare (MCA-2) Department, dated 01.02.2021, provides as follows:- "4. After careful examination of the proposal of the Director of Medical Education, the Government hereby accord administrative sanction on the following:- (a) The fees structure for the Medical (Under Graduate/ Post Graduate) / Dental / Nursing course of the institutions namely Rajah Muthiah Medical College and Hospital, Rani Meyyammal College of Nursing and Rajah Muthiah Dental College and Hospital, Chidambaram now taken over as Government institutions shall be as that of prevailing fees structure for the existing Government Medical / Dental / Nursing colleges as detailed below:- Sl.

No.

Courses Fees per Annum (in Rs.) M.B.B.S.

Tuition Fee :

4,000/- Special Fee :

950/- (including Medical Exam) Caution Deposit :

1,000/- Library Fee :

1,000/- University Fee :

6,060/- LIC (Group Insurance) :

300/- Red Cross :

100/- Miscellaneous Fee :

100/- Flag Day :

100/- Total :

13,610/- B.D.S.

Tuition Fee :

2,000/- Special Fee :

950/- (including Medical Exam) Caution Deposit :

1,000/- Library Fee :

1,000/-

University Fee :

6,060/- LIC (Group Insurance) :

300/- Red Cross :

100/- Miscellaneous Fee :

100/- Flag Day :

100/- Total :

11,610/- Post Graduate (M.D., M.S. and M.D.S.) Tuition Fee :

30,000/- Post Graduate Diploma Tuition Fee :

20,000/- B.Sc.(Nursing), Bachelor of Physiotherapy (BPT) and Bachelor of Occupational Therapy (B.O.T.) Tuition Fee :

3,000/- M.Sc. (Nursing) Tuition Fee :

5,000/- Master of Physiotherapy (M.P.T.) Orders will be issued latter.

(b) The fees structure above will be given prospective effect from the date of taking over of the said Colleges as Government institutions/colleges as per the Government Order referred above. The earlier existing fees prior to taking over, already paid by the students will not be refunded or adjusted against future payments. The benefit of Government fee structure as fixed from time to time will be extended to currently studying and forthcoming students."

It has been further stated that subsequently another G.O.(Ms) No.122 Health and Family Welfare (MCA2) Department dated 26.02.2021 has been issued, in which it has been provided as follows:- "(c) Any earlier unpaid fees will be charged as per the earlier structure prior to issue of the Government Order and the present Government Order is prospective in nature."

The aforesaid submissions made are placed on record.

5. Nothing remains for further consideration in this Writ Petition.

6. In the result, W.P.No.7539 of 2021 is disposed of. W.M.P.Nos.8066, 8068 and 8070 of 2021 are closed. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:

1. The Secretary to Government Government of Tamil Nadu Higher Education Department Fort St George Chennai - 600 009.

2. The Secretary to Government Government of Tamil Nadu Health and Family Welfare Department Fort St. George Chennai - 600 009.

3. The Tamil Nadu Dr. MGR Medical University Represented by its Registrar No.69 Anna Salai Guindy Chennai - 600 032.

4. The Directorate of Medical Education 162 Periyar E.V.R. High Road Kilpauk Chennai - 600 010.

5. The Registrar Annamalai University Annamalai Nagar, Chidambaram - 608 002 Cuddalore District.

6. The Controller of Examinations Annamalai University Annamalai Nagar Chidambaram - 608 002, Cuddalore District

7. The Dean, Rajah Muthiah Medical College and Hospital (Now changed as Government Medical College and Hospital, Cuddalore District) Annamalai Nagar Chidambaram - 608 002.

+1cc to Mr.G.Arul Murugan, Petition Advocate, S.R.No.44022 W.P.No.7539 of 2021 NR(CO) RGA(06/09/2021)