Kamatchi.R. v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2020
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.15806 of 2020 and WMP No.19646 of 2020 Kamatchi.R.
...Petitioner
Vs.
1 Union of India rep. by Secretary to Government Ministry of Health and Family Welfare New Delhi.
2 The State of Tamil Nadu rep. by Secretary to Government Health and Family Welfare Department Fort St. George, Chennai-09.
3 The Secretary Selection Committee Office of the Directorate of Medical Education 162 EVR Periyar Salai, Kilpauk, Chennai.
The Secretary The National Medical Commission Medical Council of India Dwaraka, New Delhi.
5 The University Grants Commission rep by its Chairman Bahadur Shah Zafar Marg, New Delhi.
6 The Tamil Nadu Dr.MGR Medical University rep by its Vice Chancellor 69, Anna Salai, Little Mount Guindy, Chennai.
7 The Dean SRM Medical College Potheri, SRM Nagar KattanKulathur.
8 The Dean Chettinad Medical College Rajiv Gandhi Salai Kelambakkam kanchipuram.
9 The Dean Sri Ramachandra Medical University No.1, Ramachandra Nagar, Chennai.
10 The Dean Sree Balaji Medical College and Hospital Chrompet, Chennai.
11 The Dean Sri Sathya Sai Medical College Thiruporur, Guduvancherry Chengalpet Taluk, Nellikuppam Kanchipuram District.
12 The Dean Saveetha Medical College No.162, Poonamallee High Road Velappanchavadi, Chennai.
13 The Dean Karpagam Medical College Hospital Madukkarai Road Sundarapuram, Coimbatore.
14 The Dean Meenakshi Medical College Hospital and Research Institute Karrapatti Post, Kanchipuram. ...Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 3rd and 4th respondents to conduct UG medical college counselling for pursuant to the notification dated 23.10.2020 schedule for online counselling (Allotment Process) for NEET 15% AIQ/ DEEMED/ CENTRAL UNIVERSITIES/ AIIMS and JIPMER/ ESIC and AFMC (MBBS/BDS) SEATS- 2020 after completion of the State Government Counselling by State of Tamil Nadu. For Petitioner :
M/s.S.Marshall For Respondent-1 :
Mr.Srinivasa Murthi Additional Advocate General For Respondent-2 :
Mr.E.Manoharan Special Government Pleader
For Respondent-3 :
Mr.Abdul Saleem Standing Counsel For Respondent-4 :
Mr.V.P.Raman Standing Counsel For Respondent-5 :
Mr.Rabu Manohar Standing Counsel For Respondent-6 :
Mr.Ravi Chander Standing Counsel (Through VC)
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the third and fourth respondents to conduct the Under Graduate Medical College Counselling pursuant to the notification dated 23.10.2020 only after the completion of the State Government Counselling by State of Tamil Nadu.
2.
The learned counsel for the petitioner submitted that the petitioner has no objection in the counselling being conducted and the All India quota seats being filled up. The learned counsel submitted that the only apprehension raised by the petitioner is that in the guise of filling the All India quota, the seats in the Deemed University are also filled up and ultimately it ends up in candidates being asked to pay an exorbitant fees and ultimately, the candidates loose their chance to participate in the further counselling. 3.
The learned Additional Advocate General appearing on behalf of the first respondent submitted that the scheme for conducting the counselling has already been fixed by the Hon'ble Supreme Court in Asis Ranjan ..vs.. Union of India reported in (2016) 11 SCC 225. The learned counsel submitted that the counselling can take place only under this scheme and therefore, the apprehension raised by the petitioner is unfounded. The submission of the learned Additional Advocate General was reiterated by the learned counsel appearing on behalf of the respondents 2 to 4.
4.
In view of the specific stand taken by the respondents 1 to 3 and also in view of the fact that the Hon'ble Supreme Court has already fixed the scheme to conduct the counselling, this Court cannot issue any separate directions and this Writ Petition is disposed of with a direction to the respondents 1 to 3 to proceed further with the counselling strictly in accordance with the directions issued by the Hon'ble Supreme Court in Asis Ranjan case. No
costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mra To 1.The Secretary to Government Union of India Ministry of Health and Family Welfare New Delhi.
2.The Secretary to Government State of Tamil Nadu Health and Family Welfare Department Fort St. George, Chennai-09.
3.The Secretary Selection Committee Office of the Directorate of Medical Education 162 EVR Periyar Salai, Kilpauk, Chennai.
4.The Secretary The National Medical Commission Medical Council of India Dwaraka, New Delhi.
5.The Chairman The University Grants Commission Bahadur Shah Zafar Marg, New Delhi.
6.The Vice Chancellor The Tamil Nadu Dr.MGR Medical University 69, Anna Salai, Little Mount Guindy, Chennai.
7.The Dean SRM Medical College Potheri, SRM Nagar KattanKulathur.
8.The Dean Chettinad Medical College Rajiv Gandhi Salai
Kelambakkam kanchipuram Post, Tamil Naud-603 103.
9.The Dean Sri Ramachandra Medical University No.1, Ramachandra Nagar, Chennai.
10.The Dean Sree Balaji Medical College and Hospital Chrompet, Chennai-600 044.
11.The Dean Sri Sathya Sai Medical College Thiruporur, Guduvancherry Chengalpet Taluk, Nellikuppam Kanchipuram District.
12.The Dean Saveetha Medical College No.162, Poonamallee High Road Velappanchavadi, Chennai.
13.The Dean Karpagam Medical College Hospital Madukkarai Road Sundarapuram, Coimbatore.
14.The Dean Meenakshi Medical College Hospital and Research Institute Karrapatti Post, Kanchipuram-631 552.
+1cc to Mr.V.P.Raman, Advocate SR.36041 +1cc to Mr.K.Srinivasamurthy, Advocate SR.35842 W.P.No.15806 of 2020 and WMP No.19646 of 2020 SVI(CO) CB(15/12/2020)