The Secretary v. A.T.S.V.S.Siddha Medical
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2018
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.VELMURUGAN W.A.Nos.2691 to 2694 of 2012 The Secretary Govt. of India Ministry of Health & Family Welfare Department of Ayush ... Appellant/1st Respondent in W.A.Nos.2691 and 2692 of 2012 Vs 1.A.T.S.V.S.Siddha Medical College & Hospital (run by Akila Thiruvithancore Siddha Vaidhya Sangam) Munchirai Pudukkodai (PO.) Kanyakumari District 629 171 Represented by Administrator Justice A.Ramamurthi ... 1st Respondent in WA.2691, 2692/12/ Petitioner 2.Central Council of Indian Medicine 61-65 Institutional Area 3.The Registrar The Tamil Nadu Dr.MGR Medical University Post Bag No.1200 No.69, Anna Salai 4.The Commissioner of Indian Medicine Arumbakkam ..2 to 4 Respondents/2 to 4 Respondent in W.A.Nos.2691 and 2692 of 2012 The Union of India Rep. by its Secretary Ministry of Health & Family Welfare Department of Ayush
... Appellant /1st Respondent in W.A.Nos.2693 and 2694 of 2012 Vs 1.The Chairman R.V.S.Medical Trust Running RVS Siddha Medical College 242-B, Trichy Road, Sulur Coimbatore 641 402.
.. 1st Respondent/Petitioner in WA 1.Ayurveda College Coimbatore Represented by its Secretary AVR Education Foundation of Ayurveda 242/B, Trichy Road, Sulur Coimbatore 641 402.
.. 1st Respondent/Petitioner in WA 2.The Central Council of Indian Medicine Rep by its Secretary Institutional Area 3.The Commissioner of Indian Medicine 4.The Dr.MGR Medical University Rep by its Registrar No.69/40, Anna Salai .. R2 to R4 /Respondent 2 to 4in W.A.Nos.2693 and 2694 of 2012 Prayer:- Writ Appeals filed under Clause 15 of Letters Patent Act, to set aside the order passed by this Court in W.P.Nos.23743 of 2012 and 20232 of 2011 dated 30.10.2012; W.P.Nos.23661 and 24916 of 2012 dated 29.10.2012 respectively. Writ petitions are filed under Article 226 of the constitution of India seeking a writ of certiorarified mandamus calling for the records of i) in WP.23743/12: The 1st respondent pertaining to letter No.R-17013/004/2012 - EP (IM-I), dt 14.8.2012 and quash the same and direct the 1st respondent to issue provisional permission for admission to the petitioner College for the year 2012-2013 ii) in WP.No.20232/11: The 1st respondent pertaining to Letter
No.R.17013/04/ 2011-EP(IM-I) dated 9.8.2011, quash the same and direct the 1st respondent to issue provisional permission for admission to the petitioner college for the year 2011-2012. iii) in WP.23661/92: relating to the impugned Order passed by the 1st respondent in letter no R-12012-001-2006-EP(IM-I) dated 11.07.2012 denying permission to admit students to the BSMS Course in the petitioner's RVS Siddha Medical College, at Sulur, Coimbatore in the academic year 2012-2013 quash the same and further direct the 1st respondent to give permission for forthwith to the petitioner's College iv) in WP.24916/12: relating to the impugned order passed by the 1st respondent in Letter No. R 17011/187/2012- EP (IM-1) dt 17.8.2012 denying permission to admit students to the BAMS course in the petitioner college in the academic year 2012-2013, quash the same, and further direct the 1st respondent to give permission forthwith to the petitioners college In W.A.Nos.2691and 2692 of 2012:
For Appellant : Mr.G.Karthikeyan Assistant Solicitor General of India For R1 : Mr.C.V.Vijayakumar For R4 : Mrs.A.Sri Jayanthi Special Government Pleader : RR 2 & 3 No Appearance In W.A.Nos.2693 and 2694 of 2012:
For Appellant : Mr.G.Karthikeyan Assistant Solicitor General of India For R1 : Mr.Issac Mohanlal, Senior Counsel for Mr.P.Godson Swaminathan For R3 : Mrs.A.Sri Jayanthi Special Government Pleader : RR2, 4 No appearance COMMON JUDGMENT (Judgment of the Court was delivered by K.K.SASIDHARAN, J.) These intra court appeals are filed against the order dated 30 October, 2012 and 29 October, 2012 respectively, directing the appellant to grant permission to the first respondent to
conduct the B.S.M.S..Course for the year 2011-2012 and 20122013, with intake of 40 students for each of the years.
2. The direction given by the learned Single Judge for granting permission is under challenge at the instance of Department of Ayush, Ministry of Health & Family Welfare, Government of India.
3. When the appeals were taken up for hearing, the learned Assistant Solicitor General appearing on behalf of the Government of India, produced a copy of the communication dated 09 November, 2012 indicating that the statutory body has already given permission for the year 2011-2012 and 2012-2013 pursuant to the direction given by the learned Single Judge.
4. The learned counsel appearing on behalf of the first respondent in the respective intra court appeals submitted that the students have undergone the course pursuant to the permission granted by the statutory body and they have completed the course.
5. The learned Senior Counsel for the first respondent institution in W.A.Nos.2693 and 2694 of 2012, on instructions submitted that even after 2012-2013, permission was granted to the institution and the same is in force till this year. The direction given by the learned Single Judge has already been complied with by the appellant. In view of the subsequent events, nothing remain for further adjudication. The writ appeals are dismissed on the ground of subsequent events. No costs.
Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar gms To 1.The Secretary, Government of India, Ministry of Health & Family Welfare Department of Ayush
2.Central Council of Indian Medicine 61-65 Institutional Area 3.The Registrar The Tamil Nadu Dr.MGR Medical University Post Bag No.1200 No.69, Anna Salai 4.The Commissioner of Indian Medicine Arumbakkam +1cc to Mr.G.Karthikeyan, Advocate SR.No.6718 +1cc to Government Pleader SR.No.7421, 7420 W.A.Nos.2691 to 2694 of 2012 RSY(CO) GN(20/02/2018)