LAWS(MAD)-2020-10-406

A. ASWIN AND ORS. Vs. THE SECRETARY TO GOVERNMENT OF PUDUCHERRY, HEALTH AND FAMILY WELFARE SERVICE DEPARTMENT AND ORS.

Decided On October 07, 2020
A. Aswin And Ors. Appellant
V/S
The Secretary To Government Of Puducherry, Health And Family Welfare Service Department And Ors. Respondents

JUDGEMENT

(1.) The issues involved in all the Writ Petitions are common/inter-connected and hence all the Writ Petitions are taken up together and this common order is passed. These batch of Writ Petitions were entirely heard through video conferencing on the consent given by either sides and apart from the regular hearings during working days, permission was also granted by the Hon'ble Chief Justice to hear the cases on a holiday namely, on 26.09.2020. The hearing was concluded on 26.09.2020 and orders were reserved.

(2.) There are broadly three categories of cases involved in these batch of Writ Petitions. The first category of cases are Writ Petitions filed by 6 Medical Colleges (3 private Medical Colleges affiliated to Pondicherry University and 3 remaining colleges coming under the category of "Deemed to be University"?) and these colleges have challenged the order of discharge passed by the Medical Council of India (hereinafter referred to as "MCI"?). The second category of Writ Petitions are filed by the candidates belonging to these colleges against the order of discharge passed by the MCI and the third category of Writ Petition was filed by a batch of 28 candidates, who were denied admissions in these colleges even though they were allotted a seat at the time of counselling. The following tabular column will give a bird's eye view of the same:

(3.) There is yet another category of Writ Petition filed in W.P. Nos. 8473 of 2020, 9106 of 2020 and 9583 of 2020. These Writ Petitions are filed by SMVMCH and a student belonging to PIMS against the action taken by the Pondicherry University not recognizing the admission on the ground that the admissions were found not to have been made from the Merit List prepared by the Central Admissions Committee (hereinafter referred to as "CENTAC"?). These are candidates who were not discharged by the MCI and the irregularity in admission was later found out by the Pondicherry University.