Writ petition seeking mandamus to implement G.O.s allowing students of affiliated colleges to write exams under Tamil Nadu Dr. MGR Medical University. The court received counter-affidavits noting prospective affiliation and fee structure clarifications. Matter disposed of without orders on merits.
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: 01.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.8972 of 2021
Doctors Association for Social Equality, rep. by its General Secretary Dr.G.R.Ravindranath, No.41, Chavadi Street, Pallavaram, Chennai – 600 043. ...Petitioner
Vs.
4.The Registrar, Tamil Nadu Dr.MGR Medical University, Guindy, Chenai – 600 032.
5.The Dean, Government Medical College & Hospital, Cuddalore District (formerly Rajah Muthiah Medical College & Hospital), Annamalai Nagar, Chidambaram, Tamil Nadu – 608 002.
6.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Tamil Nadu – 608 002.
Government Dental College & Hospital, Cuddalore District (formerly Rajah Muthiah Medical College & Hospital) Annamalai Nagar, Chidambaram, Tamil Nadu – 608 002. ..Respondents
Prayer: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent authorities 1 to 4 to immediately implement the G.O.Ms.No.16 dated 27.1.2021 (High Education (H1) Department and G.O.Ms.No.45 (Health & Family Welfare (MCA-2) Department) dated 1.2.2021 to enable the students of 5th and 7th respondent colleges to write their University examinations from the academic year 2020-21 onwards under the state-run 4th respondent Medical University.
For the Petitioner
: Mr.S.Thankasivan
For the Respondents
Mr.K.Sathish Kumar for respondent Nos.5, 6 & 7
ORDER
This Writ Petition has been filed by the Doctors Association for Social Equality seeking a direction to Respondent Nos.1 to 4 to immediately implement the G.O.Ms.No.16, Higher Education (H1) Department, dated 27.01.2021 and G.O.Ms.No.45, Health & Family Welfare (MCA-2) Department, dated 01.02.2021 to enable the students of the Colleges of the Fifth and Seventh Respondent to write their University examinations from the academic year 20202021 onwards under the state-run Tamil Nadu Dr. MGR Medical University/Fourth Respondent.
students are not entitled to appear for examinations conducted by Tamil Nadu Dr. MGR Medical University/Fourth Respondent since the affiliation of the College of the Seventh Respondent to the Fourth Respondent is prospective from the academic year 20212022 onwards. In view of the same, it is not possible to grant the relief claimed in the Writ Petition.
“4. After careful examination of the proposal of the Director of Medical Education, the Government hereby accord administrative sanction on the following:-
(a) The fees structure for the Medical (Under Graduate/ Post Graduate) / Dental / Nursing course of the institutions namely Rajah Muthiah Medical College and Hospital, Rani Meyyammal College of Nursing and Rajah Muthiah Dental College and Hospital, Chidambaram now taken over as Government institutions shall be as that of prevailing fees structure for the existing Government Medical / Dental / Nursing colleges as detailed below:-
| Sl. | Courses | Fees per | Annum (in | Rs.) |
|---|---|---|---|---|
| No. | ||||
| 1 | M.B.B.S. | Tuition Fee | : | 4,000/- |
| Special Fee | : | 950/- | ||
| (including Exam) |
Medical | |||
| Caution Depos | it : |
1,000/- | ||
| Library Fee | : | 1,000/- | ||
| University Fe | e : |
6,060/- | ||
| LIC | (Group : |
300/- | ||
| Insurance) | ||||
| Red Cross | : | 100/- | ||
| Miscellaneous | Fee : |
100/- | ||
| Flag Day | : | 100/- |
2
Total : 13,610/ - 2 B.D.S. Tuition Fee : 2,000/Special Fee : 950/(including Medical Exam) Caution Deposit : 1,000/Library Fee : 1,000/University Fee : 6,060/LIC (Group : 300/Insurance) Red Cross : 100/Miscellaneous Fee : 100/Flag Day : 100/Total : 11,610/ - 3 Post Graduate Tuition Fee : 30,000/ - (M.D., M.S. and M.D.S.) 4 Post Graduate Tuition Fee : 20,000/ - Diploma 5 B.Sc. (Nursing), Tuition Fee : 3,000/Bachelor of Physiotherapy (BPT) and Bachelor of Occupational Therapy (B.O.T.) 6 M.Sc. (Nursing) Tuition Fee : 5,000/7 Master of Orders will be issued latter. Physiotherapy (M.P.T.)
(b) The fees structure above will be given prospective effect from the date of taking over of the said Colleges as Government institutions/colleges as per the Government Order referred above. The earlier existing fees prior to taking over, already paid by the students will not be refunded or adjusted against future payments. The benefit of Government fee structure as fixed from time to time will be extended to currently studying and forthcoming students.”
It has been further stated that subsequently another G.O.(Ms) No.122 Health and Family Welfare (MCA2) Department dated 26.02.2021 has been issued, in which it has been provided as follows:-
“(c) Any earlier unpaid fees will be charged as per the earlier structure prior to issue of the Government Order and the present Government Order is prospective in nature.”
The aforesaid submissions made are placed on record.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
bbr/vjt To:
(formerly Rajah Muthiah Medical College & Hospital), Annamalai Nagar, Chidambaram, Tamil Nadu – 608 002.
6.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Tamil Nadu – 608 002.
7.The Dean, Government Dental College & Hospital, Cuddalore District (formerly Rajah Muthiah Medical College & Hospital) Annamalai Nagar, Chidambaram, Tamil Nadu – 608 002.
+1 CC to The Government Pleader sr 43949.
W.P.No.8972 of 2021
NR(CO) SP(03/09/2021)
3 issues framed by the court
Whether a writ of mandamus should be issued directing respondent authorities to implement Government Orders to enable students to write University examinations under the state-run Medical University.
Whether the fee structure applicable to students admitted prior to the academic year 2020-2021 requires clarification.
Whether prospective affiliation of a college allows students to appear for examinations under that University during the preceding academic year.
3 provisions across 3 enactments
Doctors Association for Social Equality, rep. by Dr.G.R.Ravindranath
Principal Secretary to Government, Health & Family Welfare Department
Principal Secretary to Government, Higher Education (H1) Department
Director of Medical Education
Registrar, Tamil Nadu Dr.MGR Medical University
Dean, Government Medical College & Hospital, Cuddalore District
Sanjib Banerjee
P.D. Audikesan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
