JUDGMENT (Prayers: W.P.No.693 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the respondents ending with the order of the third respondent in Ex.IV/15156/2022 dated 30.03.2022 and quash the same and directing the respondents herein to forthwith approve the candidature of Suthi Biswas B for admission to BAMS Degree Course 2020-2021 session in the petitioner college. (Prayer amended vide order dated 13.05.2022 in W.M.P. No.9230 of 2022 in W.P. No.693 of 2022. W.P.No.695 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the respondents ending with the order of the third respondent in EX.IV/15156/2022 dated 30.03.2022 and quash the same and directing the respondents herein to forthwith approve the candidature of (i)Sowmiya B and (ii)Sowmiya R for admission to BAMS Degree Course 2020-2021 session under Lapsed Seat category in the petitioner college. (Prayer amended vide order dated 13.05.2022 in W.M.P. No.9237 of 2022 in W.P. No.695 of 2022. W.P.No.12761 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the fifth respondent pertaining to its proceeding in Lr. No.EX.IV(2)/40558/2021 dated 11.03.2022 and to quash the same and consequently direct the respondents to permit Mrs.Rhea Clement to continue BHMS and Mrs.K.M.Jouhara Jasmin to continue MD (Hom) Course respectively without insisting the allotment order from counselling from the academic year 2020-2021 by considering the request made by the petitioner dated 02.05.2022. W.P.No.12182 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the first respondent in Lr. No.EX.IV(1)/01685/2021 dated 29.03.2022 and to quash the same and consequently direct the respondents to approve the admission of (1)S.Miruthubashini and (2)S.Gunavarsha to the 1st year BSMS Degree Course 2020-2021 in Velumailu Siddha Medical College & Hospital, Sriperumbudur, Kancheepuram District W.P.No.12188 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the first respondent in Lr. No.EX.IV(1)/01685/2021 dated 29.03.2022 and to quash the same and consequently direct the respondents to approve the admission of (1)Vedhapriya G (2)Jothiswari S.M. and (3)Nadhisha S. admitted to the 1st year BSMS Degree Course 2020-2021 in JSA Medical College for Siddha and Research Centre, Ulundurpet, Kallakurichi District. W.P.No.12193 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the first respondent in Lr. No.EX.IV(3)/15156/2022 dated 30.03.2022 and to quash the same and consequently direct the respondents to approve the admission of (1)Lohith Kumar J. (2)Vignesh S.A. (3)Anthati Meghana admitted to 1st year BAMS Degree Course 2020-2021 in Dharma Ayurveda College, Sriperumbudur, Kancheepuram District W.P.No.12476 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to publish the results of the exams held from 13.09.2021 for petitioner's college students admitted in the lapsed seats of the BAMS Course for the academic year 2019-2020 and permit to write the supplementary examination and consequently to undergo the second year regular examination which is scheduled to be held from 19.05.2022 to 14.06.2022. W.P.No.12485 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to publish the results of first year exams held from 13.09.2021 to 18.09.2021 for petitioner's college students admitted in the lapsed seats of the BSMS Course for the academic year 2019-2020 and permit to write the supplementary examination and consequently to undergo the second year regular examination which is scheduled to be held from 19.05.2022 to 07.06.2022. W.P.No.12486 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to allow the petitioner's college students admitted in the lapsed seats of the BHMS Course for the academic year 2020-2021 to undergo the examination which is scheduled to be held from 19.05.2022 to 27.05.2022 W.P.No.12482 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to publish the results of the exams held from 13.09.2021 to 17.09.2021 for petitioner's college students admitted in the lapsed seats of the BHMS Course for the academic year 2019-2020 and to undergo the examination which is scheduled to be held from 19.05.2022 to 30.05.2022. W.P.No.12489 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to allow the petitioner's college students admitted in the lapsed seats of the BHMS Course for the academic year 2020-2021 to undergo the examination which is scheduled to be held from 19.05.2022 to 30.05.2022 W.P.No.12491 of 2022: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to allow the petitioner's college students admitted in the lapsed seats of the BAMS Course for the academic year 2020-2021 to undergo the examination) 1. The Director of Indian Medicine and Homeopathy, Arumbakkam, Chennai - 600 106 and The Secretary, The Selection Committee, Directorate of Indian Medicine and Homeopathy, Arignar Anna Government Hospital Campus, Arumbakkam, Chennai - 600 106 are suo motu impleaded as additional respondents in W.P.Nos.12476, 12485, 12486, 12482, 12489 and 12491 of 2022. 2. Mr.D.Ravichander, learned Special Government Pleader takes notice for the impleaded respondents. 3. The writ petitioners herein are institutions imparting education in Indian Medicine and or Homeopathy. 2. Mr.D.Ravichander, learned Special Government Pleader takes notice for the impleaded respondents. 3. The writ petitioners herein are institutions imparting education in Indian Medicine and or Homeopathy. Their permitted intake is as follows: Sl.No. W.P.No. Name of the College Permitted intake 1 693 of 2022 Nandha Ayurveda Medical College and Hospital 60 2 695 of 2022 Ayurveda College 30 3 12761 of 2022 White Memorial Homoeo Medical College Hospital UG - 100 PG – 25 4 12182 of 2022 Dharma Medical Research and Charitable Trust(Siddha college) 40 5 12188 of 2022 JSA Medical College for Siddha and Research Centre 60 6 12193 of 2022 Dharma Medical Research and Charitable Trust (Ayurveda College) 30 7 12476 of 2022 Maria Ayurveda Medical College 60 8 12485 of 2022 Maria Siddha Medical College and Hospital (2019 Batch) 100 9 12486 of 2022 Maria Siddha Medical College and Hospital (2020 Batch) 100 10 12482 of 2022 Maria Homeopathy Medical College(2019 Batch) 60 11 12489 of 2022 Maria Homeopathy Medical College(2020 Batch) 60 12 12491 of 2022 Maria Ayurveda Medical College and Hospital (2020 Batch) 60 13 12585 of 2022 RVS Siddha Medical College and Hospital 30 4. The Selection Committee represented by its Secretary, Directorate of Indian Medicine and Homeopathy, Arignar Anna Hospital, Arumbakkam, Chennai, sponsors the candidates both for the Government Quota and Management Quota. In all the cases on hand, there was a short fall in the sponsorship of the candidates by the Selection Committee. This arose either because the Selection Committee did not sponsor for the entire intake or some of the sponsored candidates did not join, resulting in vacancies. Such a situation arose either after the second round of counselling or after the mop-up counselling. 5. From the materials enclosed in the typed set of papers, I am satisfied that the college managements had duly intimated the Selection Committee about the resulting position. Since the seats would go waste and unfilled, the respective college managements admitted candidates on their own. Now the question that arises for consideration is whether the said act committed by the college managements is legal or not. The stand of the authorities / respondents is that the college managements could not have admitted students on their own de hors the sponsorship by the Selection Committee that resulted in filing of these writ petitions. 6. Now the question that arises for consideration is whether the said act committed by the college managements is legal or not. The stand of the authorities / respondents is that the college managements could not have admitted students on their own de hors the sponsorship by the Selection Committee that resulted in filing of these writ petitions. 6. The learned Special Government Pleader appearing for the authorities as well as the Standing Counsel for the University relying on the decision reported in 2020 SCC Online Mad 13796 [Venkateshwaraa Medical College Hospital Vs. Medical Council of India] submitted that the admissions can be made only through the process of counselling and that the college managements could not have admitted students and filled up the vacant seats on their own. 7. I am not persuaded by the aforesaid submission made by the learned Special Government Pleader. Mr.Sricharan Rangarajan, learned counsel appearing for some of the writ petitioners pointed out that the Hon'ble First Bench arrived at such a conclusion by following the decision of the Hon'ble Apex Court reported in (2017) 8 SCC 627 (Dar-Us-Slam Educational Trust vs. Medical Council of India). But then it would apply only for admission to MBBS course. The decision in Dar-Us-Slam Educational Trust was subsequently explained by the Hon'ble Supreme Court in the decision in Christian Medical College Vellore Association Vs. Medical Council of India. 8. The Hon'ble Supreme Court clarified that the restriction laid down in Dar-Us-Slam Educational Trust case would apply only for admission to UG courses and it would not apply even to PG courses. Here we are concerned with admission to courses imparting Indian Medicine and Homeopathy. Therefore, on this ground, I hold that the decision made in Venkateshwaraa case (cited supra) will not have any application. 9. On the other hand, in my view, the issue raised in these writ petitions is no longer res integra. The Hon'ble Supreme Court in the decision reported in 2021 SCC Online 318 [Index Medical College, Hospital and Research Centre Vs. State of Madhya Pradesh and Others] had held as follows: 26. The right to admit students which is a part of the management’s right to occupation under Article 19 (1) (g) of the Constitution of India stands defeated by Rule 12 (8) (a) as it prevents them from filling up all the seats in medical courses. State of Madhya Pradesh and Others] had held as follows: 26. The right to admit students which is a part of the management’s right to occupation under Article 19 (1) (g) of the Constitution of India stands defeated by Rule 12 (8) (a) as it prevents them from filling up all the seats in medical courses. Upgradation and selection of subject of study is pertinent only to postgraduate medical course. In so far as undergraduate medical course is concerned, the upgradation is restricted only to a better college. Not filling up all the medical seats is not a solution to the problem. Moreover, seats being kept vacant results in huge financial loss to the management of the educational institutions apart from being a national waste of resources. Interest of the general public is not subserved by seats being kept vacant. On the other hand, seats in recognised medical colleges not being filled up is detrimental to public interest. We are constrained to observe that the policy of not permitting the managements from filling up all the seats does not have any nexus with the object sought to be achieved by Rule 12 (8) (a). The classification of seats remaining vacant due to non-joining may be based on intelligible differentia but it does not have any rational connection with the object sought to be achieved by Rule 12 (8) (a). Applying the test of proportionality, we are of the opinion that the restriction imposed by the Rule is unreasonable. Ergo, Rule 12 (8)(a) is violative of Articles 14 and 19 (1) (g) of the Constitution. 10. Respectfully applying the aforesaid ratio, I hold that the writ petitioners-College Managements were well within their rights to fill up the vacant seats in the respective courses. All the writ petitions stand allowed and the orders impugned in the writ petitions (W.P.Nos.693, 695, 12761, 12182, 12188 and 12193 of 2022) stand quashed. No costs. Consequently, connected miscellaneous petitions are closed. 11. It is seen that in some of the cases, though the students were allowed to sit for the examinations, their results have not been published, the respondents are directed to publish the withheld results forthwith and without any delay. 12. It is informed by all the learned counsel that the forthcoming examinations are scheduled to be held from 19.05.2022 onwards. It is seen that in some of the cases, though the students were allowed to sit for the examinations, their results have not been published, the respondents are directed to publish the withheld results forthwith and without any delay. 12. It is informed by all the learned counsel that the forthcoming examinations are scheduled to be held from 19.05.2022 onwards. The students who are the subject matter of these writ petitions will be allowed to sit for the said examinations and the Hall Tickets will also be issued without any delay.