N.Nilofer Banu, v. Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2021

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P. No.21505 of 2017 and W.M.P. No.22496 of 2017

1. N.Nilofer Banu, D/o. Nazeer Ahmed.

2. R.Naveen Kumar, S/o. Vanaja Raghu.

...Petitioners

Vs.

1. Union Territory of Puducherry, Rep. the Secretary to Government, Health Department, O/o. the Chief Secretariat, Puducherry-605 001.

2. The Secretary to Government, Higher Education Department, O/o. the Chief Secretariat, Puducherry-605 001.

3. The Director of Health & Family Welfare Department & Nodal Officer, State Medical Education, Directorate, for Union Territory of Puducherry, O/o. the Directorate of Medical, Health & Family Welfare Department, Puducherry-605 001.

4. Sri Venkateswara Medical College Hospital & Research Centre, (SVMCH) rep. by its Managing Director, Ariyur, Puducherry.

5. Sri Manakula Vinayakar Medical College & Hospital, (SMVMCH) Madagadipet, rep. by its Managing Director, Puducherry.

6. Pondicherry Institute of Medical Sciences,(PIMS) Rep. by its Registrar, Ganapathy Chettikulam, Puducherry-605 014.

7. Medical Council of India Rep.by Secretary, Pocket -14, Sector -8, Dwarka Phase - 1, New Delhi - 110 077.

8. Government of India, Rep.by its Secretary to Government, Ministry of Health & Family Welfare Department, New Delhi.

9. Centralised Admission Committee (CENTAC), Rep.by its Convenor, Pondicherry Engineering College Campus, Pillaichavady, Puducherry - 605 014.

10.N.Deepika 11.Mathankarthik S S/o. K. Subbiah 12.Heera A D/o. Akbar Basha 13.Bommidi Spurthi D/o. Bommidi Narayana Nayakar 14.Karthik Raj R S/o. Ramadoss R 15.Sarika B.K.

D/o. Bharanikumaar P 16.Varsha J D/o. Jothi Thirumal B

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, to declare that the non-admission of the Petitioners to the 4th to 6th Respondents Colleges for non-payment of the exorbitant Fees as illegal and to issue appropriate directions to the

Respondents herein to forthwith pass appropriate orders, enabling the admission to the 1st year MBBS Course for the year 2017-18 of the 1st and 2nd Petitioners to the Respondents 4 to 6 in accordance with the preference, on payment of the fees fixed by the Fee Committee as issued by order of the Chairman, Fee Committee for the year 2016-17 and to direct the 1 to 6 Respondents herein to pass appropriate orders for admission of the Petitioners as such and Respondents 4 to 6 pay adequate and appropriate compensation to the Petitioners for the irreparable loss and mental agony caused to them.

For Petitioners : Mr.S.Senthil For Respondents 1 to 3 : Mrs.V.Usha, Additional Government Pleader (P) For Respondent 6 : Mr.A.Jenansenan

ORDER

This writ petition has been filed to declare that the nonadmission of the Petitioners to the 4th to 6th Respondents Colleges for non-payment of the exorbitant Fees as illegal and to issue appropriate directions to the Respondents herein to forthwith pass appropriate orders, enabling the admission to the 1st year MBBS Course for the year 2017-18 of the 1st and 2nd Petitioners to the Respondents 4 to 6 in accordance with the preference, on payment of the fees fixed by the Fee Committee as issued by order of the Chairman, Fee Committee for the year 2016-17 and to direct the 1 to 6 Respondents herein to pass appropriate orders for admission of the Petitioners as such and Respondents 4 to 6 pay adequate and appropriate compensation to the Petitioners for the irreparable loss and mental agony caused to them.

2.The relief sought for in this writ petition does not survive and accordingly this writ petition is closed as infructuous. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr

To

1. Union Territory of Puducherry, Rep. the Secretary to Government, Health Department, O/o. the Chief Secretariat, Puducherry-605 001.

2. The Secretary to Government, Higher Education Department, O/o. the Chief Secretariat, Puducherry-605 001.

3. The Director of Health & Family Welfare Department & Nodal Officer, State Medical Education, O/o. the Directorate of Medical, Health & Family Welfare Department, Puducherry-605 001.

4. Sri Venkateswara Medical College Hospital & Research Centre, (SVMCH) rep. by its Managing Director, Ariyur, Puducherry.

5. Sri Manakula Vinayakar Medical College & Hospital, (SMVMCH) Madagadipet, rep. by its Managing Director, Puducherry.

6. Pondicherry Institute of Medical Sciences,(PIMS) Rep. by its Registrar, Ganapathy Chettikulam, Puducherry-605 014.

7. Medical Council of India rep.by Secretary Pocket -14 Sector -8 Dwarka Phase - 1 New Delhi - 110 077.

8. Government of India rep.by its Secretary to Government Ministry of Health & Family Welfare Department New Delhi.

9. Centralised AdmissionCommittee (CENTAC) Rep.by its Convenor Pondicherry Engineering College Campus Pillaichavady, Puducherry - 605 014.

+1CC to the Government Pleader, Sr.No.47298 W.P. No.21505 of 2017 and W.M.P. No.22496 of 2017 GP (CO) K.RK. (27.10.2021)