Private colleges can fill up vacant seats on their own if the number of candidates sponsored by the selection committee of the Directorate of Indian Medicine and Homeopathy (DIMH) was less than the permitted intake of those colleges or if some of the sponsored candidates had not joined the colleges leading to the seats going unfilled and waste, the Madras High Court has held.
Justice G.R. Swaminathan passed the verdict while allowing a batch of writ petitions filed by 13 private colleges that offer courses in Indian medicine. The petitioners were aggrieved against the insistence of DIMH that only students sponsored by the selection committee should be admitted both in government as well as management quota seats and the colleges could not admit anyone on their own.
While allowing their writ petitions, by way of a common order, Mr. Swaminathan pointed out that in all cases before the court, there was a shortfall in the sponsorship of candidates. It was either because the selection committee did not sponsor the entire intake or some of the sponsored candidates did not join, resulting in vacancies. Such a situation arose after the second round of counselling or after the mop-up counselling.
“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,” the Mr. Swaminathan said. Mr. Swaminathan directed the DIMH to permit all students admitted by the colleges on their own, without being sponsored by the committee, to sit for their examinations.
