G SUSEELA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE writ petitions are filed for the issue of a writ of mandamus directing the respondents herein to allot seats for the petitioners for the first year M. B. B. S. , Course for the academic year 1991-92 in pursuance to the judgment in W. A. N o. 1004 of 1991 dated 29. 10. 1991. As the point involved in all these writ petitions is one and the same, they are disposed of by this common order. For the sake of convenience, the respondents are referred to in this order as per their nomenclature given in W. P. No. 4048 of 1992.

(2.) . To understand the point involved in these writ petitions, it is sufficient if we notice the facts averred in the affidavit filed in support of W. P. No. 4048 of 1992, which are to the following effect; The petitioners are aspirants for admission to the first year M. B. B. S. , Course of study of the Tamil Nadu Dr. M. G.R. Medical University for the academic year 1991-92. They all studied higher secondary courses (plus two courses ). " In g. O. Ms. No. 381, Education, dated 20. 2. 1980 read with G. L. No. 6348/iv/80-2, education, dated 30. 12. 1980, the Government issued orders that private candidates appearing for higher secondary examination should not be allowed to re-appear in the subjects which they have already passed. Subsequently, the government in G. O. Ms. No. 1457, Education Department, dated 7. 10. 1989 directed that the candidates who studied higher secondary courses be allowed to improve their performance in the subjects in which they have passed in the higher secondary courses examination two limes and the higher marks obtained in each subject will be the qualifying mark in the higher secondary course. The petitioners appeared for regular appearance of the higher secondary course examination in March, 1990 and on the basis of G. O. No. 1457, dated 7. 10. 1989, they also appeared in September, 1991. an d in March, 1992. When the applications were called for the year 1991-92 Entrance examinations for Medicine, the petitioners applied on the basis of the higher marks obtained after the two improvement examinations taken by them. The prospectus for the admission to the M. B. B. S/b,d. S,/ B. Pharm Courses, issued by the Government Medical Colleges in Tamil Nadu tor 1991-92 started that the improvement marks obtained in the first appearance only in the qualifying examination will be considered for selection. The prospectus referred above was issued by the Government Medical College in Tamil Nadu on the basis of G. O. Ms. No. 811, Health and Family Welfare Department, dated 3. 6,1991, stating that only the first improvement mark will be taken, into consideration for medical selection. In those circumstantes , the petitioners and other filed. W. P. No. 9489 of 1991 etc. , batch challenging G. O. Ms. No. 811, Health and family Welfare Departrment. , dated 3. 6. 1991. The above batch of writ petitions were dismissed by a learned single Judge of this Court. As against the order of the learned single judge, the petitioners and others filed W. A. No. 1004 of 1991 etc. , batch a division Bench of this Court by its judgment dated 29. 10. 1991, while allowing the W. A. No. 1004/91 etc. , batch held as follows: "it is thus clear that the impugned Government Order g. O. Ms. No. 811, Health and Family Welfare Department, dated 3. 6. 1991, which has got a tendency of entering into the field occupied by Sec. 35 read with Sec. 43 and Sec. 44 of the Act 37 of 1987, is ultra vires the act and beyond the executive power of the State Government. The same for the said reason is fit to be quashed. It is obvious that the conditions to the said effect in the prospectus for medical selection are invalid for the said reasons and are also liable to be quashed. " However, since Dr. M. G. R.Medical University , the 4th respondent in W. P. No. 4048 of 1992 was not a party to the above writ appeals, the appellants in the writ appeals were permitted by the Division Bench to represent their case to the competent university body or authority. The Division Bench further held that if the students who obtained lesser marks than the petitioners who were appellants in the writ appeals, have been admitted, the competent university or authority shall be obliged to consider the petitioner's case for admission to the M. B. B. S. course for the year 1991-92. Thereafter, on 11. 11. 1991, the petitioners made the representation to the 4th respondent university praying for allotment of seats in medical course since the marks obtained by them are more than cut-off marks. Copies of the representations were also sent to the Director of Medical Education, Co-ordination Committee, The Secretary, Health Department and also to the Chan- cellor of Tamil Nadu Dr. M. G.R. University . Since no reply was received from the 4th respondent, the petitioners sent a registered letter through their advocate on 11. 12. 1991 to consider their applications as per the pronouncement of the Division Bench in W. A. No. 1004 of 1991 batch and to allot seats for the first year M. B. B. S. Course in the year 1991-92. Then the petitioners also filed w. P. No. 17663 of 1991 before this Court to issue a writ of mandamus directing the 4th respondent university to consider the representations of the petitioners dated 11. 11. 1991 and to allot seats for the academic year 1991-92 as per the directions of the Division Bench in W. A. No. 1004 of 1991 etc. , batch. The above writ petition was admitted on 17. 12. 1991. In the meantime, the petitioners received a communication from the 4th respondent University on 19. 12. 1991 as a reply to the petitioner' s representations stating as follows: 'i am by direction to state that all the Medical colleges/institutions affiliated to this University are under the Management of the Government/private Trust/societies and responsibility of admitting students to the medical courses of studies rests with the management of the respective colleges/institutions. Hence your representation seeking admission to 1-M. B. B. S. course in pursuance to the orders of the High Court in W. A. No. 1004 of 1991 etc. , has been forwarded to the Government, of Tamil Nadu which is the management of the Government Medical colleges for action in accordance with law.' ; Thereafter some of the petitioners filed contempt petitions in 24/92, 72/92 and 7. 3/92 against the Vice-Chancellor of the 4th respondent University'an d notice was ordered by the Division Bench of this Court in the contempt applications to the Vice chancellor of the 4th respondent University. The Vice-Chancellor of the 4th respondent University filed a counter in the contempt applications. In the said counter filed by the 4th respondent University, it has taken the stand that all the medical colleges affiliated to the university are under the management of the Government and Private Trusts/societies and the admission of students for the first year M. B. B. S. course rests with the management of the said colleges and that the university is not making any admission of students to the medical courses in any college. In view of the counter filed by the 4th respondent university, the Division Bench of this Court dismissed the contempt petitions on 6. 3. 1992 observing that if there is any grievance to the petitioners, they may agitate the same in appropriate proceedings. In the above circumstances, in view of the fact that the allotment of seats to the first year M. B. B. S. Course are to be made by the Government, the petitioners filed the present W. P. No. 4048 of 1992 for the issue of a writ of mandamus directing the respondents to allot seats to the petitioners for the first year M. B. B. S. course for the academic year 1991-92. The other writ petitions were also filed under similar circumstances seeking similar relief.

(3.) IT must be remembered that respondents 1 to 3 are parties to writ appeals in W. A. No. 1004 of 1991 etc. , batch and that the said judgment of the Division Bench has become final, and it is binding on the respondents 1 to 3. Therefore, it is the duty of the respondents 1 to 3 also to see that the directions given by the Division Bench in W. A. No. 1004 of 1991 etc. , batch are complied with, particularly when the 4th respondent university had forwarded the representations of the petitioners to the first respondent and when the 4th respondent is also willing to grant permission for increasing the number of seats in the medical colleges to accommodate the petitioners. The direction issued by the Division Bench in w. A. No. 1004 of 1991 etc. , batch is that it is open to the petitioners to represent their case before the competent university body or authority and in case it is found that the petitioners otherwise qualified and the students who obtained lesser marks than the petitioners have been admitted in the medical course for the year 1991-92, the competent university body or author- ity shall be obliged to consider the case of the petitioners for admission. The direction given by this Court in W. A. No. 1004 of 1991 etc. , batch to the petitioners is to approach the competent University body or the competent authority. From the materials on record, it transpires that the competent authority to deals with the question of admission to m. B. B. S. course is the Government. When the petitioners sent representations to the 4th respondent, they sent copies of the representations to the respondents 1 to 3. The 4th respondent passed a resolution dated 10. 2. 1992 stating that the representations received from the petitioners in pursuance to the judgment in w. A. No. 1004 of 1991 etc. , batch may be forwarded to the Government for disposal. On 19. 12. 1991, the Vice-Chancellor of the 4th respondent University also wrote a D. O. letter to the first respondent stating that the particulars regarding the petitioners in pursuance of the judgment in W. A. No. 1004 of 1991 etc. , batch have been forwarded to the Government for necessary action. Thus, when the representations of the petitioners were placed before the first respondent by the 4th respondent, the Government being the competent authority to admit the students to M. B. B. S. course, ought to have respected the judgment of the Division Bench in W. A. No. 1004 of 1991 etc. , batch particularly when the government represented by respondents 1 to 3 are parties to the said judgment, in the writ appeals. In these circumstances, the respondents ought to have granted relief to the petitioners particularly when the respondents 1 to 3 by applying the invalid G. O. 811 have denied the petitioners admission to the m. B. B. S. course. IT is not the case of the respondents that the marks obtained by the petitioners is less than the cut-off marks prescribed for medical admission in the year 1991-92.