Excel Siddha Medical College v. The Government Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.11370 of 2022 Excel Siddha Medical College & Research Centre, Rep. by its Administrative Officer NH - 544, Salem Main Road, Pallakkapalayam, Komarapalayam, Namakkal District-637 303.
... Petitioner Vs 1.The Government of India, Rep. by its Secretary, Ministry of Ayush, EP (IM-2), Ayush Bhavan 'B' Block, GPO complex, INA, New Delhi 110 023.
2.The National commission for Indian System of Medicine, Rep.by its Chairperson, No.61-65, Institutional Area, Janakpuri, 'D' Block, New Delhi 110 058.
3.The Secretary to Government of Tamil Nadu, Health Department, Secretariat, Chennai 600 009. 4.The Director, Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106.
5.The Secretary, Selection Committee, Directorate of Indian Medicine and Homeopathy, Aringar Anna Government Hospital Campus, Arumbakkam, Chennai 600 106.
6.Association of Ayurveda, Yoga & Naturopathy, Siddha and Homeopathy Private Medical Colleges, Rep. by its Secretary, No.127, Triplicane High Road, Chennai-600 005.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to forthwith conduct Special
Counselling/Sport Counseling by reducing the minimum eligibility marks in NEET in terms of Second Proviso to Regulation 4 (2) of the National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Siddha Education) Regulations, 2022 or permit the petitioner Institution to fill up the available vacancies in B.S.M.S Degree course for the academic year 2021 -2022.
For Petitioner : Mr.Kandhan Duraisami For R1 : Mr.S.N.Parthasarathy Senior Central Government Standing Counsel For R3 to R5 : Mr.D.Ravichander Special Government Pleader
O R D E R
Ms.S.N.Parthasarathy, learned Senior Central Government Standing Counsel accepts notice for R1 and Mr.D.Ravichander, learned Special Government Pleader accepts notice for R3 to R5, and both learned counsel are armed with instructions to enable final disposal of this matter at this stage. Thus, by consent expressed by all learned counsels, this writ petition is disposed finally today.
2.Mr.Kandhan Duraisami, learned counsel on record for the petitioner would seek liberty to make a representation before R1 and R2 seeking the reduction of minimum eligibility marks in NEET in terms of second proviso to Regulation 4(2) of the National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Siddha Education) Regulations, 2022. If such reduction were to be acceded to, he would then seek liberty to approach the other respondents seeking the conduct of counselling.
3.Such liberties as sought for are granted. Representations aforesaid, if and when filed by the petitioner, may be considered by the respondents in accordance with law and all applicable regulations, as expeditiously as possible.
4. This Writ Petition stands disposed. No costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Jeni/vs
To 1.The Secretary, The Government of India, Ministry of Ayush, EP (IM-2), Ayush Bhavan 'B' Block, GPO complex, INA, New Delhi 110 023.
2.The Chairperson, The National commission for Indian System of Medicine, No.61-65, Institutional Area, Janakpuri, 'D' Block, New Delhi 110 058.
3.The Secretary to Government of Tamil Nadu, Health Department, Secretariat, Chennai 600 009. 4.The Director, Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106.
5.The Secretary, Selection Committee, Directorate of Indian Medicine and Homeopathy, Aringar Anna Government Hospital Campus, Arumbakkam, Chennai 600 106.
+1cc to Mr.Muthumani Doraisami, Advocate SR.No.30112 +1cc to Government Pleader SR.No.30939 W.P.No.11370 of 2022 SSI(CO) GMY(31/05/2022)