T ARUTSELVAM Vs. GOVERNMENT OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) Challenging a common order passed on 20.1.2012 by the Joint Secretary to Government, Department of AYUSH, Ministry of Health and Family Welfare, Government of India, rejecting the requests for permission sought for the academic year 2011-12 by (i) the Government Siddha Medical College, Palayamkottai, Tirunelveli District, and (ii) the Government Ayurveda Medical College, Kottar, Kanyakumari District, one student of M.D. (Siddha) has come up with the First Writ Petition and 26 students of the Degree course in Ayurveda (BAMS) have come up with the Second Writ Petition. I have heard Mr. S. Senthilnathan, learned Counsel for the Petitioners, Mr. S.T.S., Murthi, learned Special Government Pleader appearing for Respondents 1, 3 & 4, Mrs. Narmada Sampath, learned Counsel appearing for the Second Respondent-University, Mr. S. Haja Mohideen Gisthi, learned Senior Central Government Standing Counsel appearing for the Fifth Respondent and Mr. M.T. Arunan, learned Standing Counsel for the Sixth Respondent.

(2.) Since the First Writ Petition relates to the Government Siddha Medical College and the Second Writ Petition relates to Government Ayurveda Medical College and also since there is some distinction on facts between the two cases, I shall present the facts arising in each of these Writ Petitions separately. Thereafter, I shall deal with the issues arising in the Writ Petitions, together.

(3.) The Government Siddha Medical College, Palayamkottai, Tirunelveli District is one of the oldest Siddha Medical Institutions in the State and elsewhere. It was established several decades before any statutory regulation of the profession was even contemplated. It has the unique distinction of producing Siddha Doctors of repute, for the past more than 4 decades. Interestingly, it is a past student of this Siddha College who has filed a Counter Affidavit on behalf of the Respondents, opposing the Writ Petitions.