Dismissed

K.Sindhu v. The State

Madras HC17 Apr 2023WP/11059/2015

Case brief

AI extract

What is this about?

The High Court of Madras disposed of multiple writ petitions seeking compensation for loss of educational rights due to fraudulent admissions at DD Medical College. The Court held that since criminal proceedings and property attachment were already pending against the college, the relief of compensation cannot be granted in this writ proceeding. The Court observed that the Supreme Court had grante

What did the court decide?

No relief granted for compensation; petitions disposed of as robbery and fraud were being investigated in criminal courts.

K.Sindhu Vs The State — Education and Admissions | Madras HC (2023)

¶1

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 17.04.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶6

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016 and

¶7

W.M.P.Nos.1 to 3 of 2015, 1 to 4 of 2015, 1 to 3 of 2015, 28629 to 28631 of 2018 & 3544 of 2016

¶8

W.P.Nos.11059 to 11061 of 2015:

¶9

1.K.Sindhu

¶10

... Petitioner

¶11

in W.P.No.11059 of 2015

¶12

2.C.Abirami ... Petitioner in W.P.No.11060 of 2015

¶13

3.A.Soundarya

¶14

... Petitioner

¶15

in W.P.No.11061 of 2015

¶16

¶17

1.The State represented by its The Chief Secretary to Government of Tamil Nadu Department of Home, Fort St. George,

¶18

Chennai – 600 009.

¶19

2.The District Collector, Thiruvallur District, Thiruvallur.

¶20

Page 1 of 23

¶21

https://www.mhc.tn.gov.in/judis

¶22

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶23

3.The Superintendent of Police, Thiruvallur District, Thiruvallur.

¶24

4.The Registrar Tamil Nadu Dr.MGR Medical University, 66, Anna Salai, Guindy, Chennai – 32.

¶25

5.The Chairman, O/o. The Chairman Medical Education DD Medical College and DD Hospital Kunnavalum Post, Thiruvallur District.

¶26

6.The Dean

¶27

DD Medical College and DD Hospital, Kunnavalum Post, Thiruvallur District.

¶28

7.The Medical Council of India, New Delhi.

¶29

8.The Tamil Nadu Medical Council, Chennai. ... Respondents (in 3 WPs)

¶30

[R7 & R8 are suo-motu impleaded as per order dated

¶31

16.03.2017 in W.P.Nos.11059 to 11061 of 2015]

¶32

Page 2 of 23

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶35

Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay compensation to a total sum of 30 lakhs for the loss of educational rights and petitioner future life and ambition of petitioner parents.

¶36

For Petitioners	: Ms.K.Akshaya For Mr.S.Manoharan (in 3 WPs)
For R1 to R3	: Mr.S.Ravichandran Additional Government Pleader (in 3 WPs)
For R4	: Mr.D.Ravichander (in 3 WPs)
For R5 & R6	: Mr.N.Ganesh Kumar (in 3 WPs)
For R7	: Ms.Shubharanjani Ananth [For NMCI] (in 3 WPs)
For R8	: Mr.J.Jayamalan (in 3 WPs)

¶37

W.P.No.4233 of 2016:

¶38

Balaji Nambi Saravanan T ... Petitioner

¶39

Vs.

¶40

1.The Secretary to Government Health and Family Welfare Department,

¶41

Page 3 of 23

¶42

https://www.mhc.tn.gov.in/judis

¶43

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶44

Government of Tamil Nadu, Fort St. George, Madras – 9.

¶45

2.D.D. Medical College and D.D Hospital, Represented by its Chairman T.D Naidu, 61, D.D Nagar Bus Stop, Kunnavalam Post, Thiruvalur Taluk and District.

¶46

3.The Medical Council of India Represented by its Secretary, Pocket 14, Sector-8 Dwarka Phase-1 New Delhi 110 077.

¶47

4.Kameshwaran.V

¶48

5.G.Mounica

¶49

6.Akash.R

¶50

7.Divyasree

¶51

8.Manivasagan.G

¶52

9.Shrinidhi

¶53

10.Nandhini Devi

¶54

11.M.Balaji Manickam

¶55

12.Mohamed Shafir M.

¶56

13.N.Shanavas

¶57

14.C.Asmitha

¶58

Page 4 of 23

¶59

https://www.mhc.tn.gov.in/judis

¶60

W.P.Nos.11059 to 11061

¶61

of 2015 and 4233 of 2016

15.K.Sahana

16.Griffith Jerson

17.Vinsha Grace

18.G.Priyadharshini

19.Madhumitha.N

20.Keerthana.S

21.P.Sivasankari

22.P.Sabaris Manikanda Prabu

23.Kamal Pandian P.R

24.Prahathes.A

25.M.Naveen Kumar

26.S.Saravanan

27.J.Sathis Kumar

28.L.S.Sangeetha

29.M.Elamvaluthi

30.K.Thivyabharathi

31.Harinee G.T

32.Dhamodharan.S

Page 5 of 23

https://www.mhc.tn.gov.in/judis

¶82

W.P.Nos.11059 to 11061

¶83

of 2015 and 4233 of 2016

33.Dinesh Kumar C.J

34.Arun kumar M

35.M.Suresh Pandian

36.Kishore Kumar B.

37.M.Shyam Sundar

38.S.Sevitha

39.L.Shiningstar

40.A.Saranya

41.M.Priyadharshini

42.D.Delisha

43.S.Subitha

44.Balaramesh K

45.Monika D.N.P.

46.S.Rajeshkumar

47.M.Jayakumar

48.N.V.Arivuuchelvan

49.B.Jenny Sowbiya

50.Jayasurya.K

51.E.Pavithra

Page 6 of 23

https://www.mhc.tn.gov.in/judis

¶105

W.P.Nos.11059 to 11061

¶106

of 2015 and 4233 of 2016

52.Manikandan

53.Maria Pretthi. A

54.G.Poonarasi

55.S.Aravinth

56.T.V.Abirami

57.C.Charumathy

58.Narendran.K

59.Lokeswaran.R

60.R.E.Saravanakumar

61.M.Roja Dharshni

62.Vandarkuzhali.R

63.N.Yoganandan

64.G.Sreekumar

65.G.Kiruthika

66.S.Santhanapandi

67.S.Vignesh

68.S.Niranjana Selvaraj

¶124

69.K.Dhanoj Kumar

¶125

Page 7 of 23

¶126

https://www.mhc.tn.gov.in/judis

¶127

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

70.S.Sangeetha

71.Sri Abiraami

... Respondents

Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1 st respondent to recover the amount paid by the petitioners from the 2 nd respondent as envisaged by the Hon'ble Supreme Court in 2000 (7) SCC 746.

¶132

For Petitioner : Mr.V.Raghavachari For Mrs.V.Srimathi For R1 : Mr.S.Ravichandran Additional Government Pleader For R2 : Mr.N.Ganesh Kumar For R3 : Ms.Shubharanjani Ananth [For NMCI] For R4 to R71 : No Appearance

¶133

COMMON ORDER

¶134

The writ petitions are filed to direct the respondents to pay compensation for the loss of educational rights of the petitioners and their future life and to recover the fee amount paid to the college.

¶135

https://www.mhc.tn.gov.in/judis

¶136

Page 8 of 23

¶137

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶138

The petitioners state that pursuant to the advertisement in leading Tamil and English newspaper about “DD Medical College, DD Nagar, Kunna Valum Post, Thiruvallur”, they submitted an application for securing admission to MBBS course 2011 batch. The petitioners submitted applications with a bonafide belief that the Medical College is recognised by the Medical Council of India. The said college is affiliated to the Tamil Nadu Dr.MGR Medical University and got approval from Medical Council of India for 2011 batch and the college showed the letter of permission from Medical Council of India. One Smt.Kamala told the petitioners that their college got Medical Council of India approval for 150 students for 2011 batch. Based on the promise given by the college authorities, the petitioners have paid the fees and secured admission to MBBS course. The petitioners paid the examination fees and and other fees demanded by the college. After securing admission the petitioners suffered various difficulties and ultimately found that the college was not properly recognised by the Medical Council of India and thus, questioned the college admission. The Chairman Mr.T.D.Naidu threatened the students. The petitioners were subjected to harassment by the administration of the college and the Chairman. On account of various issues, the students faced in the college premises and in undergoing the course they

¶139

Page 9 of 23

¶140

https://www.mhc.tn.gov.in/judis

¶141

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶142

approached the competent authorities and finally it is brought to the notice of this Court that the admissions were cancelled and all those students were intimated about the cancellation of their admissions.

¶143

The Principal Secretary to Government in its counter affidavit stated

¶144

that the D.D Medical and Educational Trust was granted Essentiality Certificate by the Government for establishing the 'DD Medical College and Hospital' at Kunnavalam, Tiruvallur District. The Tamil Nadu Dr.MGR Medical University granted Provisional Affiliation, subject to approval of Governing Council under the usual terms and conditions to the Trust for starting of a new Medical College viz., DD Medical College and Hospital, Kunnavalam Post, Tiruvallur Taluk and District for starting MBBS Degree Course from the academic year 2010-2011, with an annual intake of 150 seats, subject to conditions that the institution shall be obtained the recognition of the Medical Council of India for 150 seats and submit the copy of the same to this University. The Medical Council of India conveyed

¶145

the approval of the Board of Governors (Letter of Permission) for establishment of a new Medical College at Chennai in the name and style of “DD Medical College and Hospital, Chennai” with an annual intake of 150

¶146

Page 10 of 23

¶147

https://www.mhc.tn.gov.in/judis

¶148

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶149

students with prospective effect ie., from the academic year 2010-11 initially for a period of one year and subject to certain conditions. Accordingly, the said Medical College admitted the 1^st batch of MBBS students without sharing any seats to the Government quota. The Medical Council of India has not granted renewal of permission for 2^nd batch of admissions for the academic year 2011-2012 in view of deficiencies pointed by the Council letter dated 19.05.2012. However, the said college admitted the students in MBBS course in 2011-2012 batch without the permission of the Medical Council of India. Hence, the Medical Council of India in its letter dated 14.10.2013 had communicated to the Government of Tamil Nadu as follows:

¶150

“The admission made by D.D. Medical College and Hospital, Tiruvallur, Chennai for the academic years 2011-2012 and 2012-2013 is made without the permission of the Board of Governors under section 10A of the Indian Medical Council Act, 1956 and as such these students have been admitted in gross violation of the statutory provisions. The effect of such violation is laid down in Section 10 B of the IMC Act, 1956 that clearly provides that in case a medical college is established without the permission of the Central

¶151

Page 11 of 23

¶152

https://www.mhc.tn.gov.in/judis

¶153

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶154

Government / MCI under Section 10A of the Indian Medical Council Act, 1956, no medical qualification granted to any student of such medical college shall be recognized medical qualification for the purpose of Indian Medical Council Act, 1956.

¶155

Therefore, the admission made by the college is in gross violation of the statutory provision and cannot be considered as valid admissions. The Council has already in this regard vide public notice dated 18.01.2013 brought to the notice of all the concerned that the Medical Council of India has not granted permission to D.D. Medical College and Hospital, Tiruvallur, Chennai for the academic year 2011-2012 and 2012-2013 under Section 104 of the IMC Act, 1956. Therefore, the students had been admitted by the college by playing fraud upon them as these admissions had been made without having permission u/s 10A of the IMC Act, 1956.

¶156

The State Government may be requested to initiate action against the management of the college for such fraudulent activities.”

¶157

Page 12 of 23

¶158

https://www.mhc.tn.gov.in/judis

¶159

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶160

The Director General of Police, Chennai, the District Collector, Thiruvallur District and the Superintendent of Police, Thiruvallur District has been requested to take appropriate action against the DD Medical College and Hospital at Kunnavalam,

¶161

Tiruvallur District.

¶162

This Court in its order dated 20.01.2014 in Writ Petition Nos.23089 and 23090 of 2013, directed the Government to give admission to the students of 2011-2012 and 2012-2013 batches of DD Medical College during the ensuing academic year and directed the Medical Council of India to issue appropriate orders in the line of earlier order dated 14.10.2013, permitting the State Government to accommodate all the above students in 19 Government Medical Colleges in the State. As per the above orders of this Court, the Government of Tamil Nadu in letter No.31055 / MCA-2 / 2013-2, Health, dated 13.02.2014, requested the Medical Council of India to grant one time permission to the Government of Tamil Nadu to create necessary number of additional seats in the Government Medical Colleges of the State in order to accommodate the students of 2011-2012 and 2012-2013 batches of DD Medical College and Hospital, so as to enable the students to join the first

¶163

Page 13 of 23

¶164

https://www.mhc.tn.gov.in/judis

¶165

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶166

year MBBS Course during the academic year 2014-2015. Aggrieved by orders of this Court dated 20.01.2014, various parties of the above said Writ Petitions filed Writ Appeal (W.A.Nos.179 to 183 of 2014 and W.A.Nos.284 to 288 of 2014 and W.P.Nos.9225 and 9226 of 2014) against the said order. In such Writ Appeals, the Division Bench of this Court in its common judgment dated 30.04.2014, among others, upheld the decision of the Medical Council of India in having withdrawn the Letter of Permission granted to the DD Medical College and also set aside the order of the Single Judge, directing the State Government to accommodate the students of 20112012 and 2012-2013 batches of DD Medical College in 19 Government Medical Colleges in the State during the ensuing academic year. Against the said judgment of the Division Bench of this Court, Special Leave Petitions (Civil) Nos. 14238 / 2014 and 14252 / 2014 were filed before the Hon'ble Supreme Court of India. The Apex court dismissed the Special Leave Petitions with the following observation:

¶167

“Despite the fact that we have chosen not to interfere with the impugned order, we consider it just and appropriate to expressly grant liberty to the students admitted to the academic courses, i.e.,

¶168

Page 14 of 23

¶169

https://www.mhc.tn.gov.in/judis

¶170

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶171

for the years 2011-2012 and 2012-2013 to seek compensation for the wrongful admissions granted by the respondent-Medical College, and also to initiate criminal proceedings against the respondent-Medical College”.

¶172

The learned Additional Government Pleader appearing on behalf of

¶173

the official respondents made a submission that the Review Application Nos.68 to 71 of 2014 filed by the 2012 2013 batch MBBS Students Welfare Association of DD Medical College, praying for review of orders dated 30.04.2014 in Writ Appeals have also been dismissed stating that the contentions raised on behalf of the applicants are devoid of merits and unsustainable in the eyes of law and also held that the applicants have not made out a case for the court to review its order dated 30.04.2014. Moreover, the Hon'ble Supreme Court of India has expressly granted liberty to the students admitted to the academic courses, i.e., for the years 2011-2012. and 2012-2013 to seek compensation for the wrongful admissions granted by the erstwhile DD Medical College and Hospital, Kunnavalam, Tiruvallur District and also to initiate criminal proceedings against the said Medical College. | furthermore, on humanitarian grounds, Para Medical / Engineering /

¶174

Page 15 of 23

¶175

https://www.mhc.tn.gov.in/judis

¶176

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶177

Agriculture / BioTechnology etc. courses conducted in the various Universities in Tamil Nadu were offered by the Government to the students of 2011-12 and 2012-13 batch of the erstwhile 'DD Medical College and Hospital' at Kunnavalam, Tiruvallur District and certain students have opted for Bachelor of Physiotherapy (BPT) course, and they have been admitted in the courses.

¶178

It is contended that the 1^st Respondent / the Secretary to Government, Health and Family Welfare Department is not the competent authority to initiate criminal action against the 2^nd respondent / College. However, based on the letter received from the Medical Council of India, dated 14.10.2013, the Director General of Police, Chennai District Collector, Thiruvallur, Superintendent of Police, Thiruvallur were requested to take appropriate action against the 2^nd respondent.

¶179

The various representations of the students of 2011-2012 and 20122013 batch of the erstwhile DD Medical College and Hospital at Kunnavalam, Tiruvallur District for release of original certificates from the said Medical College and for compensation for loss of Educational Rights

¶180

Page 16 of 23

¶181

https://www.mhc.tn.gov.in/judis

¶182

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶183

have been sent to the Director General of Police, Chennai, the District Collector, Thiruvallur District and the Superintendent of Police, Thiruvallur District for taking appropriate action. Further it is stated that 147 MBBS students, who were admitted during the academic year 2010-2011 in the erstwhile D.D. Medical College i.e. 2^nd respondent in the instant Writ Petition, with the approval of the Medical Council of India as a special case, were relocated in various 47 Government Medical Colleges in Tamil Nadu. the students who had been admitted in the said college during the academic year 2011-2012 and 2012-2013. The Medical Council of India has informed that admissions were made without the permission of the Medical Council of India which is gross violation of the statutory provisions laid down in section 10B of the Indian Medical Council Act, 1956 and requested the State Government to initiate action against the management of the college for such fraudulent activities. The Hon'ble Supreme Court of India dismissed the Special Leave Petition filed against the judgment of Division Bench of High Court of Madras and granted liberty to the students admitted in the academic year 2011-2012 and 2012-2013 to seek compensation for the wrongful admissions granted by the erstwhile DD Medical College and also to initiate criminal proceedings against the said college. The Government of Tamil

¶184

Page 17 of 23

¶185

https://www.mhc.tn.gov.in/judis

¶186

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶187

Nadu on humanitarian grounds offered admissions to the Para Medical and other Courses to the students of 2011-2012 and 2012-2013 batch admitted in the erstwhile DD Medical College and certain students have opted and admitted in the Bachelor of Physiotherapy (BPT) courses. The various representations received from the affected students have also been sent to the District Collector, Tiruvallur and the Superintendant of Police, Tiruvallur for taking appropriate action as per the observations of the Hon'ble Supreme Court of India in the SLP (No. 14238/2014 and 14252/2014). The Hon'ble Supreme Court India has clearly observed and has given liberty to the petitioner and other students admitted in the said college. It is further submitted that the Essentiality Certificate issued by the Government for establishing the 'DD Medical College and Hospital' at Kunnavalam, Tirivallur District in Government Letter No. 20991/ MCA.2. / 2006-9 dated 29.08.2008 has been invalidated.

¶188

On 03.06.2013, the petitioner lodged a report before the Superintendent of Police at Tiruvallur against the DD Medical College and Hospital. The report was forwarded to the District Crime Branch for investigation. Three F.I.R under Section 294(b), 406, 420 I.P.C was

¶189

Page 18 of 23

¶190

https://www.mhc.tn.gov.in/judis

¶191

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶192

registered. During the course of investigation, the chairman of DD Medical College and Hospital Mr.Deenadayalu Naidu was arrested. The other accused persons were absconding during the relevant point of time and actions were taken to arrest all the absconding accused persons. This being the developments that took during the relevant point of time, when the writ petition was pending before this Court, the very relief as such sought to grant compensation cannot be granted by this Court in a writ proceeding. If at all the petitioners have been aggrieved from and out of the illegal actions of the College Authorities, they will have to institute appropriate proceedings before the Competent Court / Forum for seeking the relief of compensation or otherwise.

¶193

As far as the Government Authorities and Medical Council of India are concerned they have acted promptly and further, they have filed a counter affidavit, stating that no permission was granted and the college authorities have committed certain irregularities for which actions were also been taken. This being the factum, the petitioners have to sue the college authorities for their illegality, irregularities or for the financial losses caused to the petitioners.

¶194

Page 19 of 23

¶195

https://www.mhc.tn.gov.in/judis

¶196

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶197

The learned senior counsel appearing on behalf of the petitioner in W.P.No.4233 of 2016 brought to the notice of this Court that in the criminal case registered against the DD Medical College, the competent authority of the State attached the Bank accounts as well as the properties and therefore, the authorities will be in a position to adjudicate the issues for refund of the fees paid by the petitioners. Even in such circumstances, the petitioners are at liberty to approach the competent authorities for the purpose of claiming refund of their fees already deposited with the college or otherwise in the manner known to law as expeditiously as possible.

¶198

The Hon'ble Supreme Court of India in SLP No.1428/2014 passed an order granting liberty to the students admitted to the academic course that is for the year 2011-2012 and 2012-2013 to seek compensation for the wrongful admission granted by the respondents / Medical College i.e., DD Medical College and also to initiate criminal proceedings against the respondents. Thus, the petitioners are at liberty to approach the competent Forum / Appeal Suit for seeking compensation or otherwise.

¶199

Page 20 of 23

¶200

https://www.mhc.tn.gov.in/judis

¶201

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶202

With this liberty, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

¶203

17.04.2023

¶204

Jeni Index : Yes Speaking order Neutral Citation : Yes To

¶205

1.The Chief Secretary to Government of Tamil Nadu The State Department of Home, Fort St. George, Chennai – 600 009.

¶206

2.The District Collector, Thiruvallur District, Thiruvallur.

¶207

3.The Superintendent of Police, Thiruvallur District, Thiruvallur.

¶208

4.The Registrar Tamil Nadu Dr.MGR Medical University, 66, Anna Salai, Guindy, Chennai – 32.

¶209

Page 21 of 23

¶210

https://www.mhc.tn.gov.in/judis

¶211

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶212

5.The Chairman,

¶213

O/o. The Chairman Medical Education DD Medical College and DD Hospital Kunnavalum Post, Thiruvallur District.

¶214

6.The Dean

¶215

DD Medical College and DD Hospital, Kunnavalum Post, Thiruvallur District.

¶216

7.The Tamil Nadu Medical Council, Chennai.

¶217

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

¶218

Page 22 of 23

¶219

https://www.mhc.tn.gov.in/judis

¶220

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶221

S.M.SUBRAMANIAM, J.

¶222

Jeni

¶223

W.P.Nos.11059 to 11061 of 2015 and 4233 of 2016

¶224

17.04.2023

¶225

Page 23 of 23

¶226

https://www.mhc.tn.gov.in/judis

K.Sindhu v. The State

Case brief

What is this about?

What did the court decide?

K.Sindhu v. The State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr.v.Kumaran Vs Tamil Nadu Housing Board

M/S. Amaravathi Sri Venkatesa Vs the Superintending Engineer

N.Manikyaraju Vs the Tahsildar

Karuppusamy Vs the Chairman

M/S.Platinum Heat Treaters Pvt. Vs the Chairman

Itc Limited Vs the Union of India