Madras High CourtWP/32507/2017disposed of

V.B.R.Menon, v. The Secretary To Govt. Of

2018-04-26Honourable The Chief Justice,Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2018

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.32507 of 2017 and W.M.P.Nos.35828 and 35829 of 2017 V.B.R.Menon, Advocate .. Petitioner vs.

1.The Secretary to Govt. of India Ministry of Health & Family Welfare Department Nirman Bhawan Maulana Azad Road New Delhi 110 011 2.The Secretary to Govt. of India , Ministry of Human Resource Development Shastri Bhawan Dr.Rajendra Prasad Road New Delhi 110 001 3.The Secretary University Grants Commission Bahadur Shah Zafar Marg New Delhi 110 002 4.The President Medical Council of India Pocket 14 Sector 8, Dwarka, New Delhi 110 001 5.The Chief Secretary to Government Chief Secretariat Goubert Avenue Puducherry 605 001 6.The Secretary to Govt. of Puducherry Health and Family Welfare Service Department Secretariat Beach Road White Town Puducherry 605 001 7.The Director Health and Family Welfare Service (DHFWS) Victor Samuel Street Puducherry 605 001 8.The Pondicherry University rep. by its Registrar R.V.Nagar Kalapet Puducherry 605 014

9.The Secretary to Lt. Governor of Puducherry Raj Nivas White Town Puducherry 605 001 10 Aarupadai Veedu Medical College Cuddalore Main Road, Puducherry.

11 Vinayaga Missions Medical Colelge Keezha Kasakudi Medu Karaikkal.

12 Mahatma Gandhi Medical College and Research Institute Pillayarkuppam, Puducherry.

13 Sri Lakshmi Narayana Institute of Medical Sciences Villianur Commune, Puducherry 14 Sri Manakula Vinayagar Medical Colleges & Hospital,Puducherry 15 Sri Venkateswara Medical College and Research Centre, Ariyur, Puducherry 16 Pondicherry Institute of Medical Sciences & Research,Kalapet Puducherry.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 9 to conduct investigations within a prescribed time limit into the entire MBBS and PG Medical course admissions at the respondent colleges 10 to 16 during the Academic year 2016-17 and 2017-18 and consequently take appropriate punitive actions in accordance with law including de-recognition and stoppage of admission to all Medical courses by the respondent colleges from the academic year 2018-19 onwards.

For Petitioner : Mr.V.B.R.Menon Party-in-person For Respondents : Mr.S.Sathish Rajan for RR1&2 : Mr.P.R.Gopinathan for R-3 : Mr.V.P.Raman for R-4

: Mr.A.Gandhiraj Govt.Pleader (Pondy) for RR 5 to 7 and 9 : Mr.Stalin Abimanyu for R-8 : Mr.L.Swaminathan for RR 10 and 11 : Mr.Menon Karthik Mukundan for R-12 : Mr.V.Ramesh for R-13 : Mr.B.Balavijayan for R-14 : Mr.T.V.Lakshmanan for R-15 : Mr.A.L.Somayajee, S.C., for Mr.A.Jenasenan for R-16

ORDER

(Order was made by Ms.Indira Banerjee, Chief Justice) This writ petition has been filed in public interest praying for orders to constitute an independent body with adequate statutory powers to scrutinze, monitor, supervise and regulate admissions to the MBBS and Post Graduate courses to the respondent colleges and has also sought investigations into admissions to the aforesaid courses.

2.It is difficult to appreciate how this Court can confer statutory powers on an independent body constituted by it. This Court does not legislate. It is for the appropriate legislature to enact legislation in this regard or may be the rule-making authorities under existing statutes to frame statutory rules in this regard. The petitioner may make representations to the appropriate Government and the representatives of the people in the respective legislatures in this regard.

3.Writ petition is disposed of. No costs. Consequently, W.M.P.Nos.35828 and 35829 of 2017 are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

To:

1.The Secretary to Govt. of India Ministry of Health & Family Welfare Department Nirman Bhawan Maulana Azad Road New Delhi 110 011 2.The Secretary to Govt. of India , Ministry of Human Resource Development Shastri Bhawan Dr.Rajendra Prasad Road New Delhi 110 001 3.The Secretary University Grants Commission Bahadur Shah Zafar Marg New Delhi 110 002 4.The President Medical Council of India Pocket 14 Sector 8 Dwarka New Delhi 110 001 5.The Chief Secretary to Government Chief Secretariat Goubert Avenue Puducherry 605 001 6.The Secretary to Govt. of Puducherry Health and Family Welfare Service Department Secretariat Beach Road White Town Puducherry 605 001 7.The Director Health and Family Welfare Service (DHFWS) Victor Samuel Street Puducherry 605 001 8.The Registrar , Pondicherry University R.V.Nagar Kalapet Puducherry 605 014 9.

The Secretary to Lt. Governor of Puducherry Raj Nivas White Town Puducherry 605 001 +1cc to M/s.V.B.Menon, Party in person, sr.no.31483 +1cc to M/s.V.P.Raman, Advocate sr.no.31679 +1cc to M/s.S.Sathish Rajan, CGSC SR.31113 +1cc to M/s.P.R.Gopinathan, Advocate sr.no.31063 +1cc to M/s.Menon, Karthik, Mukundan & Neelakantan, sr.32004 +1cc to M/s.L.Swaminathan, Advocate sr.no.32205 W.P.No.