CHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION Vs. PERMANENT COMMITTEE FOR THE CONDUCT OF COMMON ENTRANCE EXAMINATION IN PRIVATE COLLEGES

JUDGEMENT

(1.) THE Christian Medical College, Vellore Association, Vellore, which is a Society registered under the Societies Registration Act, 1860, hereinafter referred to as the "Petitioner Institution", floated a Prospectus inviting applications for admission to Under Graduate Medical Courses for the academic year 2006-2007. Simultaneously, the Petitioner Institution applied to the "Permanent Committee for the conduct of Common Entrance Examination in Private Professional Colleges", on 17.5.2006 seeking exemption from resorting to Common Entrance Examination conducted by the Government, but seeking permission to conduct its own Entrance Examination and follow its own admission procedure. After notice to the State Government and after hearing the parties, the Permanent Committee passed an order dated 10.6.2006, permitting the Institution to conduct its own Entrance Examination and follow its own admission procedure. However, the reservation of 6 seats made by the Institution for the children of eligible members of staff of the Institution, out of the total of 60 seats, was held by the Permanent Committee to be illegal. Aggrieved by that portion of the order of the Permanent Committee relating to reservation in favour of the children of eligible members of staff of the Institution, the Petitioner-Institution has filed a writ petition in W.P.No.18384 of 2006.

(2.) AT the time of admission of the said writ petition on 20.6.2006, an interim stay of the impugned portion of the order of the Permanent Committee was granted, as a consequence of which, the Petitioner-Institution completed the admission process and published the results of the Selection Process on 27.7.2006. The selected candidates also joined the Courses on 28.7.2006.

(3.) ANOTHER unselected candidate by name J. Jotheebun has filed a writ petition in W.P.No.36500 of 2006, seeking a Writ of Mandamus to direct the Petitioner-Institution to admit him on the basis of the marks secured by him in the Entrance Examination followed by the interview.