Sri Manakula Vinayagar Medical college and Hospital v. Union of India, Represented by the Secretary to Government, Ministry of Health and Family Welfare, New Delhi
2021-01-13
B.PUGALENDHI
body2021
DigiLaw.ai
JUDGMENT : (Prayer: This Petition filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus, directing the respondents to take appropriate measures, giving adequate time period for admitting those candidates from the 1:10 ration merit list, to fill up the stray vacancy and make immediate response for admitting those candidates from the 1:10 merits list, in an event of any stray vacancy, that fall vacant in the petitioner institution, on 15.01.201.) 1. This writ petition is moved with an urgency memo that the 7th respondent, the authority, who is conducting mop up counselling, has to issue 1:10 merit list of candidates to fill up the stray vacancy as early as possible on or before 14th January 2021, to enable the petitioner and other medical colleges to fill up the remaining vacancies, in view of the specific cut off date of 15.01.2021 for completing medical admission. 2. Heard the learned Counsel on either side and perused the documents placed on record. 3. Mrs.Hema Sampath, learned Senior Counsel for the petitioner submitted that the petitioner institution is an unaided self financing medical institution, governed and administered by an Educational Trust with an object to provide medical facilities in and around the villages of Puducherry and Villuppuram. The Hon’ble Supreme Court has fixed the cut off date for completing the admission process in the medical colleges as 15.01.2021. The 7th respondent CENTAC is conducting the counselling for the eligible candidates, who have cleared the NEET and they are selected and admitted. 4. The learned Senior Counsel further submitted that already two rounds of counselling are over and this 3rd round of counselling is conducted as mop-up counselling by the 7th respondent through video conferencing on 13.01.2021, ie,. Today. The grievance of the petitioner is that even after this mop-up counselling is over, some seats may be left vacant and the left out seats can be filled up from the stray vacancy list on 1:10 ratio, which has to be published by the 7th respondent CENTAC. If this stray vacancy list is not prepared and published on or before 14.01.2021, then it will be difficult for the petitioner institution and other institutions, to fill up the remaining vacant seats from the stray vacancy list, which also requires the recognition of the 7th respondent CENTAC.
If this stray vacancy list is not prepared and published on or before 14.01.2021, then it will be difficult for the petitioner institution and other institutions, to fill up the remaining vacant seats from the stray vacancy list, which also requires the recognition of the 7th respondent CENTAC. All these process have to be completed on or before 15.01.2021 and therefore, the petitioner has approached this Court with an urgency memo. 5. Mr.D.Ravichandran, learned Additional Government Pleader, takes notice for respondents 3 to 7 and Mr.V.P.Raman, learned Counsel takes notice for the 2nd respondent. 6. Mr.D.Ravichandran, learned Additional Government Pleader, appearing for respondents 3 to 7, submitted that this cut off date as 15.01.2021, has been fixed by the Hon’ble Supreme Court on the application taken out by the 2nd respondent for extension of time and therefore, the entire process of admission for MBBS Courses have to be completed on or before 15.01.2021 and hence, there cannot be any extension of time beyond 15.01.2021. Realising the situation, the selection agency / admission committee for the State of Pudhucherry is also working on a war footing basis in complying with the orders of the Hon’ble Supreme Court and it would complete the entire selection process on or before 15.01.2021. 7. The learned Additional Government Pleader further submitted that the 1st two rounds of counselling have been successfully completed and for the remaining vacancies, this 3rd round mop-up counselling has also been announced by the 7th respondent, vide a press release on 09.01.2021 and the mop-up counselling is being conducted today. He further submitted that when all the officials are tirelessly working to complete this admission process on or before 15.01.2021 and without any basis this writ petition is filed, as if, the 7th respondent is not acting upon. 8. However, the learned Senior Counsel for the petitioner clarified that the petitioner has not made any allegation as against the 7th respondent and it is only on abundant caution, in view of the time constrain. If the list of stray vacancies, after the mop-up counselling, is not identified and published on or before 14.01.2021, then the petitioner and other colleges, cannot fill up the vacancies on or before the cut off date 15.01.2021. 9.
If the list of stray vacancies, after the mop-up counselling, is not identified and published on or before 14.01.2021, then the petitioner and other colleges, cannot fill up the vacancies on or before the cut off date 15.01.2021. 9. Mr.D.Ravichandran, learned Additional Government Pleader also expressed that all earnest steps are being taken by the 7th respondent to complete the process successfully and they are also concerned about filling up the vacancies in all the colleges and therefore, all possible efforts would be taken to pubish the list of the stray vacancy as early as possible on 14.01.2021. Only after completion of the mop-up counselling, the stray vacancy can be identified and the stray vacancy list can be prepared and published. 10. In view of the above submissions made on either side, this Court dispose of this writ petition, by recording the submission made by Mr.D.Ravichandran, learned Additional Government Pleader that the 7th respondent is taking all the earnest steps to publish the stray vacancy list on 1:10 ratio on or before 14.01.2021. In the absence of any material to substantiate the apprehension expressed by the petitioner, this Court is not inclined to issue any direction as prayed for. However, the 7th respondent shall ensure that the preparation and publication of the stray vacancy list on 1:10 ratio are made as early as possible on or before 14.01.2021 evening, enabling the medical colleges to fillup the vacant seats. No costs. 11. In view of the pongal holidays, Mr.D.Ravichandran, learned Additional Government Pleader is requested to inform the order passed by this Court in this writ petition to the 7th respondent, without waiting for an order copy.