Judgment :- 1. The prayer in W.P.No.2048 of 2006 is to issue a writ of mandamus directing the respondents 1 and 2 to get the petitioner admitted into I MBBS Course and consequently direct the respondents 3 and 4 to register the petitioner as an approved candidate for the MBBS course from 2004-2005. 2. The prayer in W.P.No.538 of 2006 is to issue a Writ of Mandamus directing the fourth respondent herein to approve the admission of the writ petitioner and further direct the first and second respondents herein to register the petitioner name with the Tamil Nadu Dr.M.G.R. Medical University. 3. The brief facts necessary for disposal of the Writ Petition No.2048/2006 are as follows: (a) Petitioner applied for admission to the first year MBBS course 2004-2005 after passing Plus 2 examinations with 1111 marks out of 1200. The petitioner appeared in the entrance examination conducted by the Anna University for admission to professional courses. The petitioner was ranked 944 in the general category and 59 in Self-Financing Institutions category under open competition in the 1st year M.B.B.S., Course. Petitioner secured 294.14 out of 300. The counselling for admission to MBBS course was conducted on 14.8.2004, 3.9.2004 and on 21.9.2004. (b) On 21.9.2004 petitioner was placed in the waiting list for admission to MBBS course in Self-Financing Institutions under open category by the respondents 1 and 2. Thereafter without any intimation to the petitioner, one R.Charumathy, who secured only 294.10 marks, who was initially ranked at 950 in general category and 67 in Self-Financing Institution (open category), who was also ranked second in the waiting list, was allotted a seat in MBBS course in IRT medical college, Perundurai by the second respondent. (c) Petitioner having secured more marks than the said R.Charumathy, i.e., 294.14 marks and ranked at 944 in general category and 59 in Self-Financing Institution open category and placed No.1 in wait list, aggrieved over the denial of admission, issued a counsel notice on 4.10.2004 and called upon the second respondent to furnish the reason for ignoring petitioners claim. In spite of the said notice, no action being taken, petitioner filed W.P.No.29989 of 2004 and prayed for issuing writ of mandamus directing the respondents 1 and 2 to allot a seat in IRT Medical College, Perundurai or in any other medical college in the state of Tamil Nadu. In spite of the said notice, no action being taken, petitioner filed W.P.No.29989 of 2004 and prayed for issuing writ of mandamus directing the respondents 1 and 2 to allot a seat in IRT Medical College, Perundurai or in any other medical college in the state of Tamil Nadu. (d) The said writ petition was allowed by this Court on 6.12.2004 on the assurance given by the counsel who appeared for the second respondent that a seat is vacant in Government Medical College, Kanyakumari within the sanctioned strength and the petitioner will be accommodated in the vacant seat. Pursuant to the disposal of the above writ petition, on 9.12.2004 the second respondent issued an order admitting the petitioner in the First year MBBS course in Government Medical College for 2004-2005 session and the petitioner joined the course on 10.12.2004. The said seat became vacant in the College due to discontinuation of another candidate. (e) According to the petitioner, after admission he attended the classes regularly and when the examinations were proposed to be conducted the petitioner received a letter from the 4th respondent on 4.1.2006 stating that the University had requested the 5th respondent to obtain required permission from the Medical Council of India for registering petitioners admission on the ground that the petitioner was admitted after the cut-off date i.e. 30.9.2004 and the judgment of this Court is contrary to the orders of the Supreme Court. The petitioner was informed that he would be permitted to appear for the examinations to be conducted in February, 2006 only after the approval of his admission by the Medical Council of India. Petitioners admission having not been approved by the Medical Council of India on the ground that he was admitted after the cut-off date, petitioner filed the above writ petition with the above said prayer. 4. The petitioner was permitted to appear for the examinations for all the four years, pursuant to the orders of this Court as detailed below, I year examinations -vide order dated 31.1.2006 in W.P.M.P.No.2333 of 2006 II year examinations -vide order dated 27.7.2007 in W.P.M.P.No.1625 of 2007 III year examinations -vide order dated 30.4.2008 in W.P.M.P.No.573 of 2008 IV year examinations -vide order dated 297.2009 in W.P.M.P.No.481 of 2009 The results of the said examinations were also published pursuant to the orders of this Court. Against the permission granted to appear for the third year MBBS examinations, the University filed W.A.No.760 of 2008 and the writ appeal was disposed of by the Division Bench of this Court on 18.7.2008 by giving direction to the University to publish the results of the second year without prejudice to the rights of the parties and if the petitioner cleared the second year MBBS examinations, the University was directed to allow the petitioner to appear for the third year MBBS examinations. Further direction was issued to the Medical Council of India to dispose of the request made by the State Government seeking approval of the petitioners admission for the year 20042005. The petitioner having been declared successful in the second year examinations, he was permitted to appear for the third year examinations and also for the fourth year examinations as per the Division Bench order. 5. Since the petitioner successfully completed the course and passed in all examinations, he was permitted to undergo internship for one year pursuant to the orders of this Court dated 17.9.2009 and now the petitioner is undergoing internship and the learned Senior Counsel for the petitioner submitted that the petitioner is going to complete the internship within a month. 6. In W.P.No.538 of 2006, the petitioner passed +2 examination in April, 2004 appeared for the Entrance Examination conducted by Anna University for admission in M.B.B.S.,Course. The petitioner belongs to Scheduled Caste community. The petitioner also appeared for Entrance Examination conducted by the Consortium of Private Professional Colleges Association for admission under the management quota in self-financing colleges. 7. The third respondent-self financing Medical College, according to the petitioner, refused to issue an application in order to accommodate the persons, who secured less than the petitioners marks. Instead of admitting the petitioner, who secured higher marks, the third respondent admitted one Arun Kumar, who had secured 260.5 marks out of 300. The said admission was challenged by the petitioner in W.P.No.29301 of 2004 and the said writ petition was allowed by this Court, by order dated 28.12.2004, and set aside the admission of the said Arun Kumar and gave direction to the third respondent to admit the petitioner. The petitioner was admitted in the third respondent-college on 31.12.2005. The said Arun Kumar filed Writ Appeal against the said order dated 28.12.2004 and the said writ appeal was dismissed by this Court on 3.2.2005. The petitioner was admitted in the third respondent-college on 31.12.2005. The said Arun Kumar filed Writ Appeal against the said order dated 28.12.2004 and the said writ appeal was dismissed by this Court on 3.2.2005. Against which, he filed SLP Civil Nos.3471 and 3472 of 2005 and the same were also dismissed by the Honourable Supreme Court on 2.5.2005. The petitioner is regularly attending the classes from 31.12.2005. Since the petitioner was not having sufficient attendance for appearance in the University examination held in August, 2005, she was not permitted to write the same. The petitioner having apprehended that she may not be permitted to write February, 2006 examination, she filed this writ petition and prayed for issuing a writ of mandamus directing the respondents to register the petitioners name in the university and permit her to appear in the First Year M.B.B.S. Degree examination scheduled to commence during February, 2006. 8. This Court passed interim order in WPMP.No.623 of 2006, on 31.1.2006 by granting permission to the petitioner to appear for the First Year M.B.B.S., examinations. The petitioner appeared for the said examinations and the result was also published. The petitioner also appeared for the Second Year, Third Year and Fourth Year examinations pursuant to the interim orders passed by this Court. The results of the Second Year was also published. Insofar as the results of the Third Year examination, the same is yet to be published and the petitioner is now undergoing Fourth Year M.B.B.S. Course and she has to write the examination in August, 2010. Since the petitioners admission is not registered by the University on the ground that the Medical Council of India has to approve the admission, as the petitioner was admitted in the Medical College beyond the cut off date i.e., on 30.9.2004, the petitioner has filed W.P.No.538 of 2006 with the above said prayer. 9. The Medical Council of India, who is the contesting respondent in these writ petitions filed counter affidavit by contending that in the earlier writ petitions filed by the petitioners viz., W.P.No.29989 of 2004 and W.P.No.28824 of 2004, which were disposed of giving direction to give admission to the petitioners on 6.12.2004 and 28.12.2004, the Medical Council of India was not made as a party. Petitioners were granted admission only on 9.12.2004 and 31.12.2004 respectively. Petitioners were granted admission only on 9.12.2004 and 31.12.2004 respectively. As the petitioners were admitted after the last date for admission to MBBS course i.e., on 30.9.2004, the University by letter dated 4.1.2006 declined to permit the petitioners to appear for the University Examinations for the first year MBBS course, which were scheduled to be held in February, 2006 as the Medical Council of India has not approved the admission. It is also stated in the counter affidavit that the Supreme Court of India deprecated the practice of admission of students in Medical/Dental colleges in midstream. Since the petitioners admissions are after the cutoff date for admission to first year MBBS course 2004-2005 i.e, on 30.9.2004, the Medical Council of India is facing difficulty to grant approval of admissions of the petitioners. 10. Mr.V.Prakash, learned Senior Counsel for the petitioners submitted that the petitioners having been found meritorious were unjustly denied seats before the cut-off date and therefore, there were compelled to approach this Court and this Court allowed their writ petitions. The mistake committed by the Selection Committee/the Private College having been rectified belatedly by granting admission to the petitioners and the petitioner in W.P.No.2048 of 2006 having completed the course and passed the MBBS examinations and undergoing CRRI and the petitioner in W.P.No.538 of 2006 having completed 3 years of M.B.B.S. Course, the Medical Council of India is bound to approve the admission of the petitioners taking note of the peculiar facts and circumstances of these case, at least based on equity. 11. Mr.V.P.Raman, learned counsel for the Medical Council of India submitted that the Honourable Supreme Court has held that admissions made after the cut-off date cannot be approved and submitted that in some cases the Supreme Court has allowed the candidates to continue the course taking note of the peculiar facts. However, similar orders cannot be passed by this Court while deciding matters under Article 226 of the Constitution of India. 12. I have also heard Mr.V.Suresh, learned counsel for respondents 1, 2 and 5 and Mr.K.C.Srinivasan, learned counsel for respondents 3 and 4. 13. The petitioners are meritorious candidates, who are illegally denied admission as per their ranking. Immediately on denial of admission to the petitioners, they have approached this Court by filing writ petitions, though not impleading the Medical Council of India as a party respondent. 13. The petitioners are meritorious candidates, who are illegally denied admission as per their ranking. Immediately on denial of admission to the petitioners, they have approached this Court by filing writ petitions, though not impleading the Medical Council of India as a party respondent. In W.P.No.2048/2006, the second respondent after realising the mistake gave an assurance through its counsel that there is a vacancy available in the 5th respondent Government College and the petitioner will be admitted in the said vacancy. The said submission was recorded and the writ petition was disposed of by this Court by order dated 6.12.2004. The operative portion of the said order reads as follows: "2. The petitioner has approached this Court with a grievance that since the petitioner was very much available for counselling as he was undergoing B.D.S.course in Tamil Nadu Government Dental College, Chennai, the selection of the fourth respondent who has secured lesser cut-off marks than the petitioner should be set aside and the petitioner should be allotted that seat. 3. Mr.Karthikeyan, learned Additional Government Pleader in response to the notice from this Court produced the remarks of the Additional Director of Medical Education, namely Secretary, Selection Committee, on the writ petition. In the remarks it is claimed that as the petitioner could not be contacted in time, the seat was allotted to the fourth respondent. However, very fairly, the Secretary, Selection Committee has submitted that as there is one MBBS seat vacant at Kanyakumari Medical College, which is also an approved college, the petitioner could be accommodated in the said college. Learned counsel appearing for the petitioner also submitted that the petitioner would be satisfied if he is accommodated in Kanyakumari Medical College. In that view of the matter, without going into the validity of the order selecting and allotting the fourth respondent in IRT Medical College, Perundurai, the writ petition is disposed of with direction to the Secretary, Selection Committee to issue allotment order to the petitioner immediately on production of a copy of this order so as to enable the petitioner to join at Kanyakumari Medical College without any further loss of time. The writ petition is accordingly disposed of." After the said order of this Court, the petitioner was given admission in the 5th respondent Government Medical College and he joined the course on 9.12.2004 and this writ petition was filed when the petitioner was not permitted to write the examinations on the ground that the Medical Council of India has to approve the admissions as the petitioner was admitted after the cut-off date for admission i.e, on 30.9.2004. Similarly, the petitioner in W.P.No.538 of 2006 was admitted on 31.12.2004 based on this Courts order confirmed in Writ Appeal and Special Leave Petition. 14. Similar writ petitions filed by one Ilamvaludhi in W.P.No.9274 of 2005 and 29174 of 2007 seeking creation of one additional seat and also to publish the results of 4th year MBBS examinations of the said candidate was disposed of by a common order dated 20.5.2009. In the said order, this Court ordered creation of one additional seat in MBBS course in favour of the 5th respondent Government Medical College in that writ petition so as to get approval of the admission of the said writ petitioner with further direction to publish the results. In the said judgment various contentions raised by the Medical Council of India which has been raised in these writ petitions are considered. 15. The learned Senior Counsel for the petitioner submitted that the order passed in the said writ petitions was implemented and the admission of the said candidate was approved, after the grant of permission to increase the intake to the private medical college the Medical Council considered the matter sympathetically taking note of the peculiar facts and circumstances of the said cases. The learned Counsel for the Medical Council of India is unable to deny the said submission. 16. In the light of the said facts and circumstances, I am inclined to direct the Medical Council of India to consider the request made by the State Government seeking approval of admission of the petitioners for admissions to M.B.B.S. Course, 2004-2008, taking note of the following facts:-1) The petitioners are admitted within the sanctioned strength of seats in the Government Medical College/Private College respectively. 2) The petitioners could join in the Medical Colleges on 6.12.2004 and 31.12.2004 respectively only due to the mistake committed by the Selection Committee as well as the Private Medical College management. 2) The petitioners could join in the Medical Colleges on 6.12.2004 and 31.12.2004 respectively only due to the mistake committed by the Selection Committee as well as the Private Medical College management. 3) The hardships faced by the petitioners as well as the expenses met by the Government for the petitioners course. 4) The petitioners are not at fault in any manner in getting delayed admission. 5) The petitioners claim is accepted by this Court as they are found meritorious than the last selected candidate and in W.P.No.839 of 2009, the petitioners claim for admission was upheld by the Honourable Supreme Court by dismissing the S.L.P.,filed by the illegally selected candidate. 6) Petitioner in W.P.No.2048 of 2006 completed M.B.B.S., course, passed the examinations and is going to complete CRRI within a month and petitioner in W.P.No.538 of 2006 completed 3 years course and undergoing Fourth Year Course. 7) The order passed by the Division Bench in W.A.No.760 of 2008, dated 18.7.2008 giving direction to dispose of the request made by the State Government seeking approval. The Medical Council of India is directed to pass orders within a period of four weeks from the date of receipt of copy of this order. The Medical Council of India while deciding the matter may also consider the relief granted by the Supreme Court to the affected students even though cautioned the Government and Medical Colleges in giving admission after the cut-off date particularly in the decision reported in 2002(7) SCC 258 (Medical Council of India vs. Madhu Singh and Others). 17. The contention raised by the Medical Council of India that the petitioners were admitted pursuant to the orders of this Court in which the Medical Council of India is not made as a party is also noted by this Court. Having regard to the fact that ultimately the Medical Council of India has to approve the admission of every candidate seeking admission in the medical course after their admission, a general direction is issued to the Registry particularly to Writ Petition filing Section to see that if any writ petition seeking Medical College admission for M.B.B.S.,/B.D.S. Course is filed, the Medical Council of India/Dental Council of India respectively is bound to be shown as one of the respondent without which, the Registry shall not number any writ petition in future. The writ petitions are ordered with the above directions. No costs. The writ petitions are ordered with the above directions. No costs. Connected miscellaneous petitions are closed.