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IN THE HIGH COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION)

 

W.P. NO.            9229          OF 2022

Dr. A.S.Miruthula,

W/o. Dr.P.J.Hariprasad,

No.7/4, Sabapathy Street,

Perambur,

Chennai – 600 011                                                                                                                             Petitioner

Versus

 

  1. The Government of India, Rep. by its Secretary to Government,

Ministry of Health and Family Welfare,

Room No.348, ‘A’ Wing, Nirman Bhavan,

New Delhi – 110 011

 

  1. The Directorate General of Health Services,

Nirman Bhawan,

New Delhi – 110 108

 

  1. Medical Counselling Committee, Directorate General of Health Services,

Nirman Bhawan,

New Delhi – 110 108

 

  1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,

Health and Family Welfare Department,

Secretariat, Fort St.George,

Chennai – 600 009

 

  1. The Director of Medical Education,

Kilpauk,

Chennai – 600 010

 

  1. The Secretary, Selection Committee,

Directorate of Medical Education,

Kilpauk,

Chennai – 600 010                                                                                                                       Respondents

Page No.1 Corrns:

AFFIDAVIT OF Dr.A.S.MIRUTHULA

I, Dr.A.S.Miruthula, W/o. Dr.P.J.Hariprasad, Hindu, aged about 32 years, residing at No.7/4, Sabapathy Street, Perambur, Chennai – 600 011, do hereby solemnly affirm and sincerely state as follows:

  1. I am the 1st Petitioner herein and I am well acquainted with the facts of the case. I am filing this affidavit on behalf of other Petitioners as well.
  2. I submit that I am qualified with MBBS degree and I have registered my name in Tamil Nadu Medical Council in the year 2012. With an aspiration to secure admission in P.G. Medical Course, I have applied for National Eligibility cum Entrance Test PG 2021 (NEET-PG-2021) conducted in the month of September 2021, in which I have secured pass percentage of 379 marks and thereby become eligible for admission to P.G. Medical Course.
  3. I submit that the counselling for admission to P.G medical courses is governed by Medical Council of India Post Graduate Medical Education Regulations, 2000, as amended periodically, followed by Notification issued by Government of India including Advisory. As per Post Graduate Medical Education Regulations, the time schedule as well as the chronological order for admission to P.G Medical course prescribed for both admission under All India Quota (AIQ) and State Quota (SQ). According to the Regulations as amended, there would be three Rounds of Counselling for All India Quota as well as State Quota called as Round-1, Round-2 and MopUp Round. As per Regulations, All India Quota seats vacant after the last date for joining will be deemed to be converted into State Quota. In the said circumstances, as a measure to enable the qualified candidates to secure admission either for All India Quota or for State Quota, the counselling would be conducted alternatively, as per which Round-1 AIQ will be conducted first followed by Round-1 State Quota; subsequently, Round-2

AIQ will be conducted followed by Round-2 State Quota; further AIQ MopUp will be conducted followed by SQ Mop-Up.

  1. I submit that in so far as admission to P.G medical course for the year 2021-22, the counselling has been conducted belatedly beyond the schedule prescribed. However, the pattern of counselling viz., alternative counselling between All India Quota and State Quota is being followed. I have cleared NEET-PG-2021 with high percentile marks and eligible for admission to P.G medical course. Accordingly, I applied for admission to P.G Medical Course both in State Quota and All India Quota.  Accordingly, based on the choice filling made by me, I was not considered for admission to P.G medical course for both R1 and R2 for both State Quota and All India Quota.
  2. I submit that in the said circumstances, I participated next round of counselling viz., AIQ Mop-Up counselling conducted on 23.03.2022. In the AIQ Mop-Up, I was allotted M.D (Anatomy) in Madras Medical College, Chennai, as per allotment order dated 23.03.2022 and the last date for joining the course fixed as 31.03.2022.
  3. I submit that consequently, the Mop-Up round for State Quota was also conducted on 26.03.2022. However, having regard to the fact that I was already allotted seat through AIQ Mop-Up, I was not made eligible to participate in State Quota Mop-Up conducted on 26.03.2022.
  4. I submit that the fact remains that in so far as All India Quota is concerned, 146 new seats allotted to Government Medical Colleges have been included for the first time in Mop-Up Round counselling. In the said circumstances, the candidates who participated in R1 and R2 who were higher in merit, could not be able to get the newly allotted 146 seats as it was belatedly added in AIQ Mop-Up round. Hence, challenging the same, a Writ Petition was filed before the Hon’ble Supreme Court of India under Article 36 of Constitution of India in W.P(C).No.174 of 2022 wherein the Hon’ble Supreme Court of India passed orders on 30.03.2022 and 31.03.2022 by which AIQ Mop-Up round counselling ordered to be cancelled. Further, it was ordered that for 146 seats became available after AIQ R2 on 16.03.2022, a fresh round of counselling shall be conducted as a special case in which the students who joined in AIQ R2 and State Quota R2 will be at liberty to participate.  Whereas, the candidates who secured seats for the first time in AIQ Mop-Up like me are not allotted to participate in the special counselling.
  5. I submit that accordingly, AIQ Mop-Up counselling in which I was allotted seats on 23.03.2022 was cancelled. Whereas, since I have participated and allotted seat in AIQ Mop-Up, I was not eligible to participate in the State Mop-Up conducted on 26.03.2022.  In such scenario, the candidates with lower rank than me have been given allotment in MopUp State Quota on 26.03.2022.  The State Mop-Up can be conducted only after AIQ Mop-Up. When the AIQ Mop-Up stand cancelled, the State Mop-Up also liable to be cancelled.
  6. I submit that in this regard, consequent to AIQ Mop-Up conducted on 23.03.2022, number of States in India have also conducted State Mop-Up on subsequent dates. Whereas, subsequent to orders passed by Hon’ble Supreme Court in Anajana Chari case in W.P(C).No.174 of 2022 dated 31.03.2022, respective State Governments cancelled the State Mop-Up, only to be re-conducted after completion of special counselling AIQ and AIQ Mop-Up to be in order.  In respect of certain States, SQ Mop-Up was not conducted after AIQ Mop-Up dated 23.03.2022.  Such States have issued Notification to postpone the State Mop-Up to be conducted after completion of AIQ special counselling and AIQ Mop-Up. Accordingly, it is amply clear that every State in India, based on the orders of Hon’ble Supreme Court above stated, cancelling AIQ Mop-Up, either cancelled SQ Mop-Up already conducted or postponed the SQ Mop-Up to a future date, if not conducted already.
  7. I submit that while so, State of Tamil Nadu alone has not cancelled the State Mop-Up conducted on 26.03.2022 after the orders of Hon’ble Supreme Court of India in Anjana Chari case. In this regard, representations have been submitted by the students who have been allotted seats in the AIQ Mop-Up that stand cancelled, to cancel the State Mop-Up to enable them to participate in the SQ Mop-Up in accordance with merit in selection, as it is done in all other States. Whereas, the 6th Respondent has issued the impugned communication dated 08.04.2022 by stating that the State of Tamil Nadu has not cancelled the SQ Mop-Up round for P.G medical course 2021-22 session already conducted on 26.03.2022 following notice issued by DGHS dated 02.04.2022 as per which it is stated that State Counselling Authority will take decision on their own level.
  8. I submit that the impugned communication dated 08.04.2022 not to cancel the State Mop-Up round conducted on 26.03.2022 is ex-facie arbitrary, illegal and against the law and therefore I am having no other alternative, efficacious and speedy remedy except to approach this Hon’ble Court under Article 226 of the Constitution of India, challenging the same, for the following among other

G R O U N D S

  1. The impugned communication as notified by 6th Respondent dated 08.04.2022 taking decision not to cancel the State Quota Mop-Up round for P.G medical course already conducted on 26.03.2022 is ex-facie arbitrary, illegal and against the law and the same is liable to be quashed in as much as it will be in violation of pattern of counselling to be conducted as per MCI Post Graduate Medical Education Regulation, 2000 as well as depriving the candidates to get admission in P.G medical course based on merit in selection.
  2. As per the sequence of counselling as ordered, the State Quota R1 to be conducted after AIQ R1; State Quota R2 to be conducted after AIQ R2 and SQ Mop-Up to be conducted after AIQ Mop-Up. Accordingly, AIQ Mop-Up was conducted on 23.03.2022 followed by State Quota Mop-Up on 26.03.2022.  In the said circumstances, when AIQ Mop-Up conducted on 23.03.2022 ordered to be cancelled by the orders of Hon’ble Supreme Court of India in Anjana Chari case dated 31.03.2022, it is mandatory to cancel the SQ Mop-Up in order to re-conduct the same after completion of AIQ Mop-Up.
  3. Following the orders of Hon’ble Supreme Court in Anjana Chari case dated 31.03.2022, cancelling the AIQ Mop-Up quota, the State Governments viz., State of Maharashtra, State of Bihar, State of Punjab have cancelled/withheld the SQ Mop-Up already conducted with directions that the same would be re-conducted after completion of AIQ Mop-Up.
  4. Similarly, all other States, not conducted the SQ Mop-Up after AIQ Mop-Up dated 23.03.2022 have postponed State Mop-Up without any date to make it sure that the same would be conducted only after the completion of AIQ Mop-Up afresh.
  5. Whereas, the 6th Respondent passed the impugned order rejecting the claim for cancellation of SQ Mop-Up counselling and thereby deprived the opportunity of candidates including the Petitioner allotted seat in AIQ Mop-Up (23.03.2022) that stand cancelled subsequently. Noncancellation of SQ Mop-Up inspite of cancellation of AIQ Mop-Up is ex-facie arbitrary, illegal and against the procedure for admission to P.G Medical Course established by law.
  6. When the Petitioner got selected in AIQ Mop-Up conducted on 23.03.2022 due to which she was prevented from participating the SQ Mop-Up conducted on 26.03.2022 in which number of candidates with lower ranks get admission in preferred medical courses. Whereas, AIQ Mop-Up 23.03.2022 stand cancelled and hence the Petitioner is greatly affected if the State Mop-Up is not cancelled.
  7. The AIQ Mop-Up is cancelled on the ground that AIQ R2 candidates and State Quota R2 candidates are deprived of their opportunity to get admission to 146 newly added seats in Mop-Up round. Accordingly, when it was directed to conduct special counselling for 146 seats by permitting State R2 and AIQ R2 candidates, the State R2 candidates also got migrated to AIQ special counselling seats in such event, the vacancies arose for the seats allotted under State Quota R2.  The vacancies arising in State Quota R2 required to be filled up either by conducting State Quota special counselling as conducted for AIQ special counselling or by adding the vacancies by conducting fresh State Quota Mop-Up.
  8. Only such course would be justifiable to ensure allotment of seats under State Quota to the students in accordance with NEET-PG marks/ merit in selection. By not cancelling SQ Mop-Up as per the impugned order, there is serious violation of method of selection for admission to P.G medical course resulted in candidates with lower marks given admission in P.G medical seats based on SQ Mop-Up round and candidates with higher ranks like the Petitioner denied seat

under State Quota since they were allotted seats in AIQ Mop-Up conducted on 23.03.2022, though it was cancelled.

  1. This is the first Writ Petition filed by me for the relief as prayed for and no other petition filed or pending before any other court.
  2. I submit that the original impugned communication issued by the 6th Respondent in Notification No.014/SCSII(I)/2021 dated 08.04.2022 is not made available to me, as it was downloaded from the official website of 6th Hence, I am filing the present Writ Petition by enclosing the photo copy of the same.  Therefore, if the production of original impugned communication issued by the 6th Respondent dated 08.04.2022 is dispensed with, no one would be prejudiced.

Hence, it is humbly prayed that this Hon’ble Court may be pleased to DISPENSE WITH the production of original impugned communication issued by the 6th Respondent in Notification No.014/SCSII(I)/2021 dated 08.04.2022, no one would be prejudiced.

  1. I submit that in view of the facts and circumstances stated above, in the interest of justice, it is just and necessary to direct the Respondents to cancel the State Mop-Up counselling conducted on 26.03.2022 for admission to P.G Medical Course and to re-conduct the same after completion of AIQ Mop-Up counselling, pending disposal of Writ Petition.

Hence, it is humbly prayed that this Hon’ble Court may be pleased to grant an order of INTERIM DIRECTION directing the Respondents to cancel the State Quota Mop-Up counselling conducted on 26.03.2022 for admission to P.G Medical Course and to re-conduct the same after completion of AIQ Mop-Up counselling, pending disposal of Writ Petition and thus render justice.

Hence, it is humbly prayed that this Hon’ble Court may be pleased to issue a writ, order, or direction more particularly a writ in the nature of WRIT

OF CERTIORARIFIED MANDAMUS to call for the records relating to the impugned communication issued by the 6th Respondent in Notification No.014/SCSII(I)/2021 dated 08.04.2022 and to QUASH the same and consequently directing the Respondents to cancel the State Quota Mop-Up counselling conducted on 26.03.2022 consequent to orders passed by the Hon’ble Apex Court in W.P(C).No.174 of 2022 dated 31.03.2022 and to reconduct the State Quota Mop-Up counselling including vacancies arising out of All India Quota Special Counselling, after completion of All India Quota Mop-Up counselling and to pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

 

 

 

Solemnly affirmed at Chennai, {}                     BEFORE ME
on this           day of April 2022 {}
and signed her name in my {}
presence. {}         ADVOCATE::: CHENNAI

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION)

 

W.P. NO.                        OF 2022

Dr. A.S.Miruthula                                                                                                         Petitioner

Versus

 

  1. The Government of India,

Rep. by its Secretary to Government,

Ministry of Health and Family Welfare,

Room No.348, ‘A’ Wing, Nirman Bhavan,

New Delhi – 110 011 & 2 others                                                                             Respondents

SYNOPSIS

  • The Petitioner qualified with MBBS degree and registered her name in TNMC in 2012. The Petitioner has applied for NEET-PG 2021 conducted in September 2021, in which she has secured pass percentage of 379 marks and thereby become eligible for admission to P.G. Medical Course.
  • The counselling for admission to P.G medical courses is governed by

Medical Council of India Post Graduate Medical Education Regulations, 2000, as amended periodically, followed by Notification issued by Government of India including Advisory.

  • The counselling would be conducted alternatively, as per which Round-1 AIQ will be conducted first followed by Round-1 State Quota; subsequently, Round-2 AIQ will be conducted followed by Round-2 State Quota; further AIQ Mop-Up will be conducted followed by SQ Mop-Up.
  • The Petitioner participated AIQ Mop-Up counselling conducted on 23.03.2022 as per which she was allotted M.D (Anatomy) in MMC, Chennai, as per allotment order dated 23.03.2022 and the last date for joining the course fixed as 31.03.2022.
  • Consequently, the Mop-Up round for State Quota was also conducted on 26.03.2022, but the Petitioner was not made eligible to participate in State Quota Mop-Up, as she was already allotted seat through AIQ Mop-Up.

 

  • In so far as All India Quota is concerned, 146 new seats allotted to Government Medical Colleges have been included for the first time in Mop-Up Round counselling, whereas candidates who participated in R1 and R2 who were higher in merit, could not be able to get the newly allotted 146 seats as it was belatedly added in AIQ Mop-Up round.
  • Hence, challenging the same, a Writ Petition was filed before the Hon’ble Supreme Court of India under Article 36 of Constitution of India in W.P(C).No.174 of 2022 wherein the Hon’ble Supreme Court of India passed orders on 30.03.2022 and 31.03.2022 by which AIQ MopUp round counselling ordered to be cancelled.
  • The Hon’ble Apex Court issued direction that a fresh round of counselling shall be conducted as a special case in which the students who joined in AIQ R2 and State Quota R2 will be at liberty to participate. Whereas, the candidates who secured seats for the first time in AIQ Mop-Up like me are not allowed to participate in the special counselling.
  • In such scenario, the candidates with lower rank than the Petitioner have been given allotment in Mop-Up State Quota on 26.03.2022.
  • Subsequent to orders passed by Hon’ble Supreme Court in Anajana Chari case dated 31.03.2022, respective State Governments cancelled/withheld the State Mop-Up, only to be re-conducted after completion of special counselling AIQ and AIQ Mop-Up to be in order.
  • While so, State of Tamil Nadu alone has not cancelled the State MopUp conducted on 26.03.2022 after the orders of Hon’ble Supreme Court of India in Anjana Chari case.
  • In this regard, representations were received from the students who have been allotted seats in the AIQ Mop-Up that stand cancelled, to cancel the State Mop-Up to enable them to participate in the SQ MopUp in accordance with merit in selection.
  • In response, the 6th Respondent issued the impugned communication dated 08.04.2022 by stating that the State of Tamil Nadu has not cancelled the SQ Mop-Up round for P.G medical course 2021-22 session already conducted on 26.03.2022 following notice issued by DGHS dated 02.04.2022 as per which it is stated that State Counselling Authority will take decision on their own level.

 

  • When the Petitioner got selected in AIQ Mop-Up conducted on 23.03.2022 due to which she was prevented from participating the SQ Mop-Up conducted on 26.03.2022 in which number of candidates with lower ranks get admission in preferred medical courses. Whereas, AIQ Mop-Up 23.03.2022 stand cancelled and hence the Petitioner is greatly affected, if the State Mop-Up is not cancelled.
  • Aggrieved over the same, the Petitioner filing the present Writ Petition challenging the impugned communication issued by the 6th Respondent dated 08.04.2022 for the legal grounds as stated in the affidavit filed in support of Writ Petition and for other relief as prayed for.

DATES & EVENTS

DATES EVENTS
05.04.2018 MCI Notification for conducting P.G Medical Course counselling
16.03.2022 Advisory issued by 2nd Respondent for NEET-PG counselling to follow earlier MCI Notification dated 05.04.2018
30.03.2022 Order passed by Hon’ble Supreme Court of India in W.P(C).No.174 of 2022
31.03.2022 Order passed by Hon’ble Supreme Court of India in W.P(C).No.174 of 2022
31.03.2022 Notification issued by State of Karnataka for postponement of State Quota Mop-Up
01.04.2022 Notification issued by 2nd Respondent based on Hon’ble Supreme

Court order cancelling AIQ Mop-Up
01.04.2022 Notification issued by State of Maharashtra for cancellation State Quota Mop-Up
02.04.2022 Notice issued by 3rd Respondent MCC
03.04.2022 Notification issued by State of Rajasthan for postponement of State Quota Mop-Up
07.04.2022 Notification issued by State of Bihar for cancellation State Quota Mop-Up
08.04.2022 Impugned communication issued by the 6th Respondent

Dated at Chennai, this the  day of April, 2022

 

                                                                                                                                                                  COUNSEL FOR PETITIONER

 

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