Neet case. W.A.No.2931 of 2019 and C.M.P.No.18997 of 2019 N.KIRUBAKARAN, J. and P.VELMURUGAN, J. (Order of the Court was made by N.Kirubakaran, J) Mr.J.Pothiraj, learned Special Government Pleader would submit that so far 16 students who have failed to give fingerprints to the CBCID would be giving their fingerprints before 08.11.2019 and the same will be informed to this Court on the next date of hearing. 2.Mr.K.Srinivasan, learned counsel for CBI cases referred to the communication received from the Central Bureau of Investigation dated 06.11.2019 and submitted that the Chennai Zone of CBI has received two complaints from Chennai and one complaint from Cochin, Kerala. As far as the two complaints received from Chennai are concerned, they have been referred to the Medical Council of India and Ministry of Health and Family Welfare, New Delhi and the complaint received from Cochin is under scrutinisation of the CBI. 3.Mr.G.Karthikeyan, learned Assistant Solicitor General has filed an affidavit by the Under Secretary, Ministry of Health and Family Welfare. The same is taken on file. He would further assure that in the next hearing he will submit as to whether the Ministry of Health and Family Welfare has received any complaint regarding malpractice in NEET Examination, including impersonation or not. 4.Mr.Kumaresh Babu, learned counsel appearing on behalf of the 27th respondent/Sree Balaji Medical College and Hospital, Chromepet, Chennai would submit that fingerprints of two students have not been given as they are out of station and he assured that they will appear before the CBCID for giving fingerprints before the next of date of hearing. 5.The learned counsel appearing on behalf of the 22nd respondent/Chettinad Hospital and Research Institute would submit that fingerprints of two students have not been given as they are bedridden due to viral fever and he assured that they will appear before the CBCID for giving fingerprints before the next of date of hearing. 6.The learned counsel appearing on behalf of the 29th respondent/Sri Sathya Sai Medical College and Research Institute would submit that fingerprints of six students have not been given and he assured that they will appear before the CBCID for giving fingerprints before the next of date of hearing. 7.The learned counsel appearing on behalf of the 28th respondent/SRM Medical College Hospital and Research Institute would submit that fingerprint of one student has not been given and he assured that he will appear before the CBCID for giving fingerprint before the next of date of hearing. 8.The learned counsel appearing on behalf of the 22nd respondent/Sri Ramachandra Medical College and Research Institute would submit that one student who has not given fingerprint is said to have filed Anticipatory Bail. Subject to the result of that petition, the CBCID shall get the fingerprint of the said student before the next of date of hearing. 9.The learned senior counsel appearing on behalf of the 26th respondent/Meenakshi Medical College and Research Institute would submit that fingerprints of three students have not been given and he assured that they will appear before the CBCID for giving fingerprints before the next of date of hearing. 10.Mr.M.Velmurugan, learned counsel appearing on behalf of the appellant would submit that the petitioner has obtained 303 marks, whereas except seven students the other students who have got admission under the surrendered NRI lapsed quota to the Private Medical Colleges have got marks lesser than the petitioner. One of the candidates who was admitted under NRI lapsed quota got 107 marks only and therefore, he would submit that there is no transparency in the admission under NRI lapsed quota and the Private Medical colleges have not followed the guidelines as laid down by the Hon’ble Supreme Court in the case of Dar-Us-Salam Educational Trust v. The Government of A.P., while admitting the students in medical colleges. 11.Mr.V.P.Raman, learned counsel appearing on behalf of the Medical Council of India would submit that they will get proper instructions so that this kind of problems would not arise in future. 12.It is brought to the notice of this Court that the names of the candidates who are alleged to have impersonated have also been sent to Dr.M.G.R.Medical Univesrsity for registration. However, Mr.Abdul Salem, learned counsel appearing on behalf of the Selection Committee would submit that the names of the students who are alleged to have impersonated have been deleted from the list. The same is recorded. 13.Since the selection committee has sent the selected candidates for registration to Dr.M.G.R. Medical University, it is also a necessary party to this proceedings and hence, this Court suo motu impleads The Registrar, Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai 602 117, as party respondent to this proceedings. Mr.D.Ravichander, learned counsel takes notice on behalf of the newly impleaded respondent. He assures that on the next date of hearing, he will produce the list of candidates sent by the selection committee. 14.Post the matter on 21.11.2019. (N.K.K.,J) (P.V.,J) 07.11.2019

W.A.No.2931 of 2019
and
C.M.P.No.18997 of 2019
N.KIRUBAKARAN, J.
and
P.VELMURUGAN, J.
(Order of the Court was made by N.Kirubakaran, J)
Mr.J.Pothiraj, learned Special Government Pleader would submit that so far 16 students who have failed to give fingerprints to the CBCID would be giving their fingerprints before 08.11.2019 and the same will be informed to this Court on the next date of hearing.
2.Mr.K.Srinivasan, learned counsel for CBI cases referred to the communication received from the Central Bureau of Investigation dated 06.11.2019 and submitted that the Chennai Zone of CBI has received two complaints from Chennai and one complaint from Cochin, Kerala. As far as the two complaints received from Chennai are concerned, they have been referred to the Medical Council of India and Ministry of Health and Family Welfare, New Delhi and the complaint received from Cochin is under scrutinisation of the CBI.
3.Mr.G.Karthikeyan, learned Assistant Solicitor General has filed an affidavit by the Under Secretary, Ministry of Health and Family Welfare. The same is taken on file. He would further assure that in the next hearing he will submit as to whether the Ministry of Health and Family Welfare has received any complaint regarding malpractice in NEET Examination, including impersonation or not.
4.Mr.Kumaresh Babu, learned counsel appearing on behalf of the 27th respondent/Sree Balaji Medical College and Hospital, Chromepet, Chennai would submit that fingerprints of two students have not been given as they are out of station and he assured that they will appear before the CBCID for giving fingerprints before the next of date of hearing.
5.The learned counsel appearing on behalf of the 22nd respondent/Chettinad Hospital and Research Institute would submit that fingerprints of two students have not been given as they are bedridden due to viral fever and he assured that they will appear before the CBCID for giving fingerprints before the next of date of hearing.
6.The learned counsel appearing on behalf of the 29th respondent/Sri Sathya Sai Medical College and Research Institute would submit that fingerprints of six students have not been given and he assured that they will appear before the CBCID for giving fingerprints before the next of date of hearing.
7.The learned counsel appearing on behalf of the 28th respondent/SRM Medical College Hospital and Research Institute would submit that fingerprint of one student has not been given and he assured that he will appear before the CBCID for giving fingerprint before the next of date of hearing.
8.The learned counsel appearing on behalf of the 22nd respondent/Sri Ramachandra Medical College and Research Institute would submit that one student who has not given fingerprint is said to have filed Anticipatory Bail. Subject to the result of that petition, the CBCID shall get the fingerprint of the said student before the next of date of hearing.
9.The learned senior counsel appearing on behalf of the 26th respondent/Meenakshi Medical College and Research Institute would submit that fingerprints of three students have not been given and he assured that they will appear before the CBCID for giving fingerprints before the next of date of hearing.
10.Mr.M.Velmurugan, learned counsel appearing on behalf of the appellant would submit that the petitioner has obtained 303 marks, whereas except seven students the other students who have got admission under the surrendered NRI lapsed quota to the Private Medical Colleges have got marks lesser than the petitioner. One of the candidates who was admitted under NRI lapsed quota got 107 marks only and therefore, he would submit that there is no transparency in the admission under NRI lapsed quota and the Private Medical colleges have not followed the guidelines as laid down by the Hon’ble Supreme Court in the case of Dar-Us-Salam Educational Trust v. The Government of A.P., while admitting the students in medical colleges.
11.Mr.V.P.Raman, learned counsel appearing on behalf of the Medical Council of India would submit that they will get proper instructions so that this kind of problems would not arise in future.
12.It is brought to the notice of this Court that the names of the candidates who are alleged to have impersonated have also been sent to Dr.M.G.R.Medical Univesrsity for registration. However, Mr.Abdul Salem, learned counsel appearing on behalf of the Selection Committee would submit that the names of the students who are alleged to have impersonated have been deleted from the list. The same is recorded.
13.Since the selection committee has sent the selected candidates for registration to Dr.M.G.R. Medical University, it is also a necessary party to this proceedings and hence, this Court suo motu impleads The Registrar, Tamil Nadu Dr.M.G.R.Medical University, No.69, Anna Salai, Guindy, Chennai 602 117, as party respondent to this proceedings. Mr.D.Ravichander, learned counsel takes notice on behalf of the newly impleaded respondent. He assures that on the next date of hearing, he will produce the list of candidates sent by the selection committee.
14.Post the matter on 21.11.2019.
(N.K.K.,J) (P.V.,J)
07.11.2019
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