The Madras High Court on Wednesday dismissed a petition by DD Medical College and DD Hospital in Tiruvallur district seeking an interim injunction to restrain the Tamil Nadu Government and the Medical Council of India (MCI) from redeploying nearly 150 MBBS students admitted by the college for the academic year 2010-11, pending disposal of a writ petition.
In his order, Justice K.K. Sasidharan said the question raised by the petitioner required to be decided during the final hearing.
The redeployment commenced only after initiation of writ proceedings by the petitioner.
Therefore, any order passed by the government regarding redeployment during the currency of the writ petition would be subject to the final orders of the writ petition.
Earlier, the institution filed a writ petition against an MCI order of October 14 this year, which recommended to the Centre to withdraw the Letter of Permission for the college and hospital with retrospective effect from the academic year 2010-11.
It also permitted the Tamil Nadu Government to accommodate 150 students of the academic year 2010-11 in any of the government colleges in the State by creating additional seats.
The Tamil Nadu Government’s sudden action pursuant to the MCI’s decision prompted the institution to file the present miscellaneous petition.
Mr. Justice Sasidharan said the order impugned in the writ petition was made as early as on October 14. Only thereafter, the State Government accommodated the students in government medical colleges.
The government had already redeployed the students.
The Special Government Pleader (Education) indicated that out of the total students reallotted, a majority of them had joined the colleges concerned as per the allotment order.
None of the admitted students were parties to the writ petition.
The court would not be justified in granting an interim injunction restraining the Tamil Nadu Government after the Department of Medical Education had issued admission cards.
The redeployed students would be put to hardship if such an interim order was passed at this point of time.
Meanwhile, Mr. Justice Sasidharan dismissed a writ petition by R. Gopalakrishnan challenging the DME’s notification proposing to conduct counselling for the college’s students of 2010-11 batch for redeployment in government medical colleges. The petitioner said his daughter, G. Akshaya, was presently undergoing III year of MBBS course at the Chennai Medical College and Research Centre, Irungalur, Tiruchirappalli.
The petitioner’s grievance was that as he belonged to the Forward Community, his daughter was denied admission in a government medical college.
He wanted admission for his daughter in any government college based on her rank position for 2010-11, instead of giving admission to candidates of DD Medical College who secured only lesser marks.
The Judge observed that the students of the private medical college who were given admission during 2010-11 formed a separate class. They were not at fault.
The fault was only with the institution. The MCI’s decision to withdraw the letter of permission with retrospective effect should not affect the students.
The MCI had taken the decision as a one-time measure to grant relief to them. No justifiable reason had been given to quash the impugned notification, the Judge said.