The High Court disposed of the writ petition regarding medical college fees without adjudicating the merits, noting that a Fee Committee had already been constituted to determine fees within a four-month timeline.
Writ petition disposed; Member Police originating Petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2018
CORAM :
The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE
AND
The Hon'ble Ms.JUSTICE P.T.ASHA
W.P. No.17778 of 2017
and W.M.P.Nos.19287 of 2017 and 16818 of 2018
V.B.R.Menon, Advocate .. Petitioner
-vs-
1.The Secretary to Govt. of India,
Ministry of Human Resource
Development, Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi 110 001.
2.The Secretary,
University Grants Commission,
Bhadur Shah Zafar Marg,
New Delhi 110 002.
3.The Secretary,
Medical Council of India,
Pocket-14, Sector-8, Dwarka,
New Delhi 110 077.
4.The Director General
Directorate General of Health Services,
Room No.446-A, Nirman Bhawan,
Maulana Azad Road, New Delhi 110 108.
5.The Secretary to Govt. of Puducherry,
Health and Family Welfare Services Dept.,
Secretariat, Beach Road, White Town,
Puducherry 605 001.
6.The Secretary to Lt.Governor of Puducherry,
Raj Nivas, White Town, Puducherry 605 001.
7.The Convenor, Centralised Admission Committee (CENTAC) PEC Campus, ECR Road, Pillaichavadi, Puducherry 605 014.
11.Sri Lakshmi Narayana Institute of Medical Science, Puducherry 605 502.
12.Sri Manakula Vinayagar Medical College & Hospital, Puducherry 605 017.
13.Sri Venkateswara Medical College and Research Centre, Puducherry 605 102.
14.Pondicherry Institute of Medical Sciences & Research, Puducherry 605 102. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st and 2nd respondents to scrutinize and approve the Annual Fees for Under Graduate medical admissions by respondents 8 to 11 for the year 2017-18 and to further declare that all direct Admissions and collections of First year fees by respondents 8 to 14 from students, who have not been selected through common counselling by DGHS/ CENTAC and in violation to the interim order dated 09.05.2017 of the Hon'ble Supreme Court in WP.No.267 of 2017.
For Petitioner : Mr.V.B.R.Menon Party-in-person
For Respondents : Mr.G.Venkatesan Central Govt. Stng. Counsel for R-1 : Mr.P.R.Gopinathan for R-2 : Mr.V.P.Raman for R-3 : Mr.Venkataswamy Babu for R-4 : Mr.A.Gandhi Raj Govt. Pleader (Puducherry) for RR 5, 7 and 14
: Mr.L.Swaminathan for RR 8, 9 & 12 : Mr.Menon Karthik Mukundan Neelakandan for R-10
: Mr.K.Kumaresh Babu for R-11 : Mr.Su.Srinivasan, ASG for R6
(Made by Ms.Indira Banerjee, Chief Justice)
We are informed that a Fee Committee has been constituted pursuant to the common order of this Court dated 26.04.2018 passed in this writ petition and W.P.No.14232 of 2017. The Fee Committee had been given four (4) months time from 30.06.2018 to determine the fees to be paid by private medical colleges run by Deemed Universities. Needless to mention, as earlier directed, that the Fee Committee shall give all stakeholders an opportunity of hearing including the petitioner herein. The fees determination shall positively be made within 31.10.2018.
The writ petition is, accordingly, disposed of. No costs.
Consequently, W.M.P.Nos.19287 of 2017 and 16818 of 2018 stand
closed.
Sd/-
Assistant Registrar(CS-ix)
//True Copy//
Sub Assistant Registrar
sra
To
1.The Secretary to Govt. of India,
Ministry of Human Resource
Development, Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi 110 001.
2.The Secretary,
University Grants Commission,
Bhadur Shah Zafar Marg,
New Delhi 110 002.
3.The Secretary,
Medical Council of India,
Pocket-14, Sector-8, Dwarka,
New Delhi 110 077.
2 issues framed by the court
Whether the writ petition seeking approval of medical college fees and declaration regarding non-regular admissions ought to be disposed of in light of an existing fee committee.
Whether the interim orders mentioned in the petition require reconsideration given the appointment of the Fee Committee.
1 provisions across 1 enactments
V.B.R.Menon
Secretary to Govt. of India, Ministry of Human Resource Development
Secretary, University Grants Commission
Secretary, Medical Council of India
Director General Directorate General of Health Services
Secretary to Govt. of Puducherry
Indira Banerjee
Justice P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
