In the High Court of Judicature at Madras Dated:06.11.2006 Coram: The Hon'ble Mr. Justice P. SATHASIVAM and The Hon’ble Mr. Justice S. TAMILVANAN Writ Petition Nos.5, 546, 2323, 7751, 16898, 16941, 20514, of 2003, 18197 and 22689 of 2004 W.P.5 of 2003 Sri Balaji Educational and Charitable Public Trust rep by its Chairman M.K. Rajagopalan 3A, 3rd Floor, Jai Durga Complex 38/2 1st Avenue, Ashok Nagar, Chennai-600 083. ... Petitioner Vs 1. The Government of Pondicherry rep by its Secretary (Education) Chief Secretariat, Pondicherry. 2. The Secretary to Government of Pondicherry, Health Department, Chief Secretariat, Pondicherry 3. The Convenor CENTAC/ Convenor JET 2002 Pondicherry Engineering College, Pondicherry. 4. The Secretary, Medical Counsel of India, Kotala Road, New Delhi. 5. The Secretary Ministry of Health & Family Welfare Nirman Bahvan, New Delhi.11 ... Respondents R4 , R5 Impleaded as per order of this Court dated 30.9.03 in WPMP 33628/03. https://hcservices.ecourts.gov.in/hcservices/ PRAYER:- Petition under Article 226 of the Constitution of India to issue a writ of declaration declaring Pondicherry unaided professional colleges (Admission of Students and Fixation of Fees) Regulations 2002 framed under G.O.Ms.No.123, Chief Secretariat, (Education) Pondicherry dated 31.12.2002 is unconstitutional illegal contrary to the Principles laid down by the Supreme Court in the Judgment reported in 2002 (8) SCALE P-1 arbitrary unenforceable void abinitio and non-est in the eye of law in so far as the professional Colleges of the petitioner are concerned. W.P.No.546/2003 Thirumuruga Kirupananda Variar thavathiru Sundara Swamigal Medical Educational and Charitable Trust Sankari Main Road, Ariyanoor, Salem, rep by its Vice Chairman Dr. A.S . Ganesan ... Petitioner Vs 1. The Union of india rep by the Union Territory of Pondicherry rep by its Secretary (Education) Chief Secretariat, Pondicherry. 2. The Secretary to Government of Pondicherry, Health Department, Chief Secretariat, Pondicherry 3. The Convenor CENTAC/ Convenor JET 2002 Pondicherry Engineering College, Pondicherry. 4. The Secretary, Medical Counsel of India, Kotla Road, New Delhi. 5. The Secretary Ministry of Health & Family Welfare Nirman Bahvan, New Delhi. R4 , R5 Impleaded as per order of this Court dated 30.9.03 in WPMP 33629/03. ... Respondents https://hcservices.ecourts.gov.in/hcservices/ PRAYER:- Petition under Article 226 of the Constitution of India to issue a writ of declaration declaring that Pondicherry unaided professional colleges (Admission of Students and Fixation of Fees) Regulations 2002 framed udner G.O.Ms.No.123, Chief Secretariat, (Eeucation) Pondicherry dated 31.12.2002 is unconstitutional illegal contrary to the 11 Judges constitution Bench Judgment of the Honourable Supreme Court in T.M.A. Pai Foundation case etc ultravires and unenforceable in so far as the professional colleges run by the Petitioner. WP.No.2323 of 2003: Pondicherry Institute of Medical Science, Ganapathy Chettikulam Kalapet, Pondicherry 14 rep. by the Chairman Mr. K.G. George. .. Petitioner vs. 1. Union of India rep. by Union Territory of Pondicherry through its Chief Secretary Govt. of Pondicherry Pondicherry. 2. Secretary to Government (Education) Department of Education Pondicherry. 3. The Secretary Medical Council of India Kotla Road, New Delhi 2. 4. The Secretary Ministry of Heath and Family Welfare Nirman Bhavan, New Delhi 11. (R.3 & R.4 were impleaded as per order of this Court dt.30.09.2003 made in WPMP.No.33630 of 2003). .. Respondents PRAYER:- Petition under Article 226 of the Constitution of India to issue a writ of declaration declaring Pondicherry unaided professional colleges (Admission of Students and Fixation of Fees) Regulations 2002 framed under G.O.Ms.No.123, Chief Secretariat, (Eeucation) Pondicherry dated 31.12.2002 is unconstitutional illegal contrary to the Ruling of Supreme Court ultravires and unenforceable in so far as the Petitioner institution concerned. https://hcservices.ecourts.gov.in/hcservices/ W.P.No.7751/03 Pondicherry Institute of Medical Science Ganapathy Chettikulam Kalapet, Pondicherry-14 rep by the Chairman Mr.K.G. George ... Petitioners VS 1. Union of India rep. by Union Territory of Pondicherry through its Chief Secretary Pondicherry. 2. Secretary to Government (Education) Department of Education Pondicherry. 3. Chief Secretary to Government (Health) Department of Health Government of Pondicherry, Pondicherry 4. The Secretary Medical Council of India Kotla Road, New Delhi 2. 5. The Secretary Ministry of Heath and Family Welfare Nirman Bhavan, New Delhi 11. (R.4 & R.5 were impleaded as per order of this Court dt.30.09.2003 made in WPMP.No.33631 of 2003). .. Respondents PRAYER:- Petition under Article 226 of the Constitution of India to issue a writ of certiorari calling for the records of the 3rd respondent in ref.11011/2003/H5/Health dated 5.3.2003 quash the same. W.P.No.16898 of 2003 Sri Balaji Educational and Charitable Public Trust represented by its Chairman M.K. Rajagopalan Mahatma Gandhi Medical College Complex Pondicherry Cuddalore Main Road, https://hcservices.ecourts.gov.in/hcservices/ Pillaiyarkuppam, Pondicherry- 607 402. ... Petitioners VS 1. Union of India Ministry of Health and Family Welfare Department of Health, represented by the Secretary to the Government of India, New Delhi. 2. The Director (Medical Education) Departmnt of Health Ministry of Health and Family Welfare New Delhi. 3. Government of Pondicherry represented by its Secretary (Education) Chief Secretariat, Pondicherry 4. The secretary to the Government of Pondicherry, Health Department Chief Secretariat, Pondicherry 5. The Convenor, CENTAC/ Convenor JET 2002, having his office at Pondicherry Engineering College Pondicherry. ... RESPONDENTS PRAYER:- Petition under Article 226 of the Constitution of India to issue a writ of declaration declaring that the order of the Ist Respondent in No.V-11025/1/2003-ME(P.1) dated 14.5.2003 as well as the communication of the 4th Respondent in No.1291/CS(H)/H5/2002 dated 12.6.2003 are invalid, illegal, ultra vires arbitrary unsustainable and unconstitutional in so far as they relate to the educational institutions of the Petitioner. herein. W.P.16941/03 Pondicherry Institution of Medical Science Ganapathy Chettikulam Kalapet, Pondicherry-14 rep by the Chairman Mr. K.V. George. ... Petitioner Vs https://hcservices.ecourts.gov.in/hcservices/ 1. Union of India rep. by Secretary Ministry of Health & Family Welfare Department of Health New Delhi. 2. Union of India rep by Union Territory of Pondicherry through its Chief Secretary Government of Pondicherry Pondicherry. 3. Secretary to Government Department of Education (Eeucation) Pondicherry. 4. The Secretary Medical Council of India Kotla Road, New Delhi 2. 5. The Secretary Ministry of Heath and Family Welfare Nirman Bhavan, New Delhi 11. (R.4 & R.5 were impleaded as per order of this Court dt.30.09.2003 made in WPMP.No.33632 of 2003). .. Respondents PRAYER:- Petition under Article 226 of the Constitution of India to issue a writ of certiorari calling for the records of First Respondent in connection with the policy Guidelines framed by the central Government the first respondent vide circular ref.No.V- 11025/1/2003-ME (P-I) dated 14.5.2003 and the consequential order passed by the Government of Pondicherry vide Ref.No.1291/CS (H) H5 /2002 dated 12.6.2003 quash the same. W.P.No.20514 of 2003 Sri Balaji Educational and Charitable Public Trust represented by its Chairman M.K. Rajagopalan Mahatma Gandhi Medical College Complex Pondicherry cuddalore Main Road, Pillaiyarkuppam, Pondicherry- 607 402. ... Petitioners VS https://hcservices.ecourts.gov.in/hcservices/ 1. The Government of Pondicherry represented by its Secretary (Health) Chief Secretariat, Pondicherry 2. The Convenor, CENTAC/ Convenor JET 2003, having his office at Pondicherry Engineering College Pondicherry. 3. The Secretary Medical Council of India Kotla Road, New Delhi 2. 4. The Secretary Ministry of Heath and Family Welfare Nirman Bhavan, New Delhi 11. .... Respondents (R.3 & R.4 were impleaded as per order of this Court dt.30.09.2003 made in WPMP.No.33633 of 2004). PRAYER:- Petition under Article 226 of the Constitution of India to issue a writ of declaration declaring that the Pondicherry unaided Medical and Dental College and other professional institutions imparting education in Health Sciences (Admission of Students and fixation of fees) Regulations 2003 in particular Regulation Nos.6,7,8,9,14,15,18 etc communicated in G.O.Ms.No.40 Chief Secretariat (Health) dated 7.7.2003 on the file of the 1st respondent are invalid illegal ultra vires unconstitutional in so far as they relate to the educational Institutions of the Petitioner herein. W.P.No.18197 of 2004 Pondicherry Linguistic and Religious Minority Medical and Dental Colleges Welfare Association (Regd.) Represented by its General Secretary, M.K. Rajagopalan S/o. shri M.V. Krishnaswamy I street, Ashok Nagar, Chennai-83 ... Petitioner Vs 1. Union of India Represented by Union Territory of Pondicherry Through the Chief Secretary Pondicherry. https://hcservices.ecourts.gov.in/hcservices/ 2. Secretary to Government Education Department Governemnt of Pondicherry Pondicherry. 3. Permanent Admission Committee represented by its Member Secretary Education Department, Government of Pondicherry Pondicherry. 4. Minor ArunKumar S/o. C. Balakrishnan rep by Father & Guardian Mr.C. Balakrishnan ... Respondent R4 in W.P.M.P.32738/04 in W.P.18197/04 5. Minor M. Kathiravan rep by Father & Guardian MR.G. Meganathan Minor J. Ranjithkumar S/o. P. Jambulingam 7. Miss S. Soundarya D/o. V. Selvam ... Respondent R5 to R7 in W.P.M.P.33030/04 in W.P.18197/04 8. Harini , being Minor rep by her father and natural Guardian Mr. S. Krishnamoorthy 9. G. Aarthi, being Minor rep by her father and Natural Guardian D. Gurumurthy 10. Priyadharshiny.K. Pondicherry. 11. Ps. Saranya Arul Mathi being Minor rep by her father & Natural Guardian D. Pannirselvam. https://hcservices.ecourts.gov.in/hcservices/ 12. V. Rajkamal S/o. Veerasamy Pondicherry 13. B. Anbazhagan Pondicherry ... Respondents 8 to 13 in W.P.M.P.32590/2004 in W.P.18197/04 RR4 to 13 Impleaded as pr order of this Court dated 24.9.2004 in W.P.M.P.32738, 33030 and 32590/04 by KSJ & ZHJ PRAYER:- Petition under Article 226 of the Constitution of India to issue a writ of certiorarified Mandamus calling for the records of the Second respondent relating to the Pondicherry Unaided professional Colleges and Teacher Training Institutions (Admission of Students and Fixation of fees) Regulations 2004 issued in G.O.Ms.41 dated 29.3.2004 and quash Regulation No.15 and direct the Respondents to fix the Management Quota at 65% in respect of admission to the medical and dental colleges run by the Religious and Linguistic Minorities in the Union Territory of Pondicherry for the academic year 2004-05 and may grant such other reliefs. W.P.22689 of 2004 Pondicherry Linguistic & Religious NMinority Medical & Dental colleges Welfare Association (Regd.) )Registration NO.120 of 2004) Mahatma Gandhi Medical College and Research Institute Complex Pillaiyarkuppam, Pondicherry. ... Petitioner Vs 1. Union of India rep by Union Territory of Pondicherry Through its Chief Secretary Government of Pondicherry Pondicherry 2. Secretary to Government Education Department Government of Pondicherry Pondicherry. https://hcservices.ecourts.gov.in/hcservices/ 3. Permanent Admission Committee rep by its Member Secretary Education Department, Government of Pondicherry Pondicherry. 4. Medical Council of India Aiwan - E- Galib Marg Kotla Road, Opp. Mata Sundari College(For Women) New Delhi. 110 002 ... Respondents PRAYER- Petitions under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned order of the third respondent dated 28.6.2004 as modified by the subsequent order dated 26.7.2004 quash the same and direct the respondents to prescribe 60% of seats for all the Medical colleges established by the Members of the Petitioner Association Permitting them to fill up 60% of the seats as Management Quota for the academic year 2004-2005. For petitioner : Mr. K. Doraisamy,Sr.Counsel in Wps.5,16898& Mr. Kandavadivel Doraisamy 20514 of 2003. For petitioner : Mr. T.R. Rajagopalan,Sr.Counsel in Wps.2323,7751, for Mr. T.R. Rajaraman 16941/03 & 22684 of 2004. For petitioner : Mr. Sathish Parasaran in WP.546/2003. For petitioner : Ms. Kalpaready in WP.18197/04 For respondents : Mr. T. Murugesan, Govt., Pleader (Pondy) All WPs. https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER (Order of the Court was made by P. SATHASIVAM,J.) The learned Government Pleader appearing for Government of Pondicherry reports that all the writ petitions become infructuous and according to him, as on date nothing survives for adjudication. Recording his statement, all the writ petitions are dismissed as infructuous. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. kh To 1. The Chief Secretary Union of Territory of Pondicherry Union of India, Pondicherry. 2. The Secretary to Government (Education) Department of Education Pondicherry. 3. The Chief Secretary to Government (Health) Department of Health Government of Pondicherry, Pondicherry. 4. The Secretary Medical Council of India Kotla Road, New Delhi 2. 5. The Secretary Ministry of Heath and Family Welfare Nirman Bhavan, New Delhi 11. https://hcservices.ecourts.gov.in/hcservices/ 6. The Convenor CENTAC/ Convenor JET 2002 Pondicherry Engineering College, Pondicherry. 7. The Secretary, Government of Pondicherry (Education) Chief Secretariat Pondicherry. 8. The Convenor CENTAC/ Convenor JET 2003 Pondicherry Engineering College, Pondicherry. 9.The Member Secretary Permanent Admission Committee Education Department, Government of Pondicherry Pondicherry. 10. The Medical Council of India Aiwan - E- Galip Marg Kotla Road, Opp. Mata Sundari College(For Women) New Delhi. 110 002 1 cc to Mrs. P. Kalpa Reddy, Advocate, Sr. 52782 1 cc to Mr. Kandavadivel Doraisamy, Advocate, Sr. 53128 1 cc to Mr. Satish Parasaran, Advocate, Sr. 53393 8 ccs to the Senior Government Pleader (Pondicherry) Sr. Nos. 52653, 52655, 52658, 52661, 52662, 52660, 52656, 52657 W.P.Nos.5 of 2003 etc., batch NTK (CO) kk 4/1 https://hcservices.ecourts.gov.in/hcservices/