N. Lakshana Shree v. Union Territory of Puducherry Rep the Secretary to Government Health Department
2017-08-24
ABDUL QUDDHOSE, RAJIV SHAKDHER
body2017
DigiLaw.ai
JUDGMENT : Rajiv Shakdher, J. 1. These appeals are preferred challenging the common order of the learned Single Judge dated 09.08.2017, passed in W.M.P. Nos. 20224 and 20226 of 2017 in W.P. Nos. 35895 and 35923 of 2016. 1.1. The limited grievance of the appellants is that while admission has been granted to them for the academic year 2017-2018, the fee as prescribed by the Fee Committee vide its Report dated 26.07.2017, has been made applicable to them without recognition of the position taken by them that they had applied for admission in batch of 2016-2017. 1.2. The appellants, therefore, emphasise the fact they had obtained admission qua the academic year 2016-2017 and had approached the Court with regard to the fee structure in place, which according to them, was exorbitant. 1.3. Thus, the appellants say that their grievance in large measure remains unaddressed. 1.4. The appellants say that while they cannot at this point reverse the fact that due to the pendency of proceedings they have lost a year, they certainly can maintain the grievance with regard to the applicability of fee structure to them, as reflected in the Fee Committee Report of 26.07.2017. 2. These appeals have came up before us for hearing on 18.08.2017. On that date, we had issued notice, and since, there was an urgency in the matter, because of the fact that admissions for the academic year 2017-2018, were reaching the closure date, we had by an interim order directed the concerned institutes i.e. (i) Pondicherry Institute of Medical Sciences (in short 'PIMS') and (ii) Sri Venkateshwara Medical College Hospital and Research Centre (in short 'SVMCH') to accept annual fee from the appellants at the rate of Rs.3,35,000/-; which is the fee adverted to in the Fee Committee Report of 23.03.2017. 2.1. We are informed by Mr. M. Ravi, learned counsel appearing for the appellants that the said amount has been deposited in respect of all three appellants i.e. (i) N. Lakshana Shree (appellant in W.A.No.996 of 2017), (ii) S. Suresh Krishna (first appellant in W.A. No. 997 of 2017 and (iii) K. Shreeranjany (second appellant in W.A. No. 997 of 2017). 2.2. Mr. R. Muthukumarasamy, the learned senior counsel, on instructions of Mr.
2.2. Mr. R. Muthukumarasamy, the learned senior counsel, on instructions of Mr. Abishek Jeenasenan, appearing for PIMS says that if the amount, as directed by this Court, vide order dated 18.08.2017, has been deposited, then admission will be granted to the three appellants named above. 2.3. Mr. T.V. Lakshmanan, advocate for SVMCH makes a submission in line with what is stated before us by Mr. R. Muthukumarasamy. 2.4. Furthermore, Mr. R. Muthukumarasamy, on instructions from Mr. Abishek Jeenasenan, and Mr. T.V. Lakshmanan, say that in so far as these three students (i.e. the appellants) are concerned, the said fee structure shall continue to apply for the remaining academic years as well, given the peculiar facts and circumstances of the case. The counsels, however, make it a point to emphasise that this will not form a precedent. 3. Having heard the learned counsels for the parties and given the stand taken by Mr. R. Muthukumarasamy for PIMS and Mr. T.V. Lakshmanan, who appears for SVMCH, we are of the view that the impugned judgment and order passed by the learned Single Judge requires to modified only to the extent of fee payable by the appellants. Therefore, upon confirmation that the appellants have paid the fees as indicated by the learned counsels appearing for them, in Court, today, admission will be granted to the appellants in the institutes referred to hereafter. 3.1. The appellant in W.A. No. 996 of 2017 i.e. N. Lakshana Shree and the first appellant in W.A. No. 997 of 2017 i.e. S. Suresh Krishna will be granted admission in PIMS, while the second appellant in W.A. No. 997 of 2017 i.e. K. Shreeranjany will be granted admission in SVMCH. 4. No further orders are called for. The appeals are disposed of in the aforesaid terms. It is made clear that this order will not form a precedent, as it has been passed in the peculiar facts and circumstances obtaining in these appeals. Parties are left to bear their own costs. Consequently, the pending applications shall also stand disposed of.