IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:22.06.2011 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.22622 of 2008 and M.P.No.1 of 2008 S.P.Kamalakannan ... Petitioner Vs. 1.The Registrar, The Tamil Nadu Dr.M.G.R. Medical University, 69, Mount Road, Guindy, Chennai-600 032. 2.The Special Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106. 3.The Principal, Government Siddha Medical College, Palayaamkottai, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings passed in Ref.No. 6569/P&D II/2007 dated 26.10.2007 on the file of the 2nd respondent herein, quash the same and consequently direct the respondents herein to issue re-admission orders to the petitioner for joining II B.S.M.S. course in the 3rd respondent college. For Petitioner : Mr.D.C.Muthu Shanthan For 2nd & 3rd Respondents: Mr.K.V.Dhanapalan, Additional Govt. Pleader For Ist Respondent : No Appearance O R D E R The present writ petition has been filed by S.P.Kamalakannan seeking issuance of Writ of Certiorarified Mandamus calling for the https://hcservices.ecourts.gov.in/hcservices/ records relating to the impugned proceedings passed in Ref.No. 6569/P&D II/2007 dated 26.10.2007 on the file of the 2nd respondent herein and consequently direct the respondents herein to issue re- admission orders to the petitioner for joining II B.S.M.S. course in the 3rd respondent college/ Government Siddha Medical College, Palayaamkottai. 2.The brief facts leading to the filing of the writ petition is given as under. The petitioner after passing Plus Two Examination in April 1992 was selected by the 2nd respondent for B.S.M.S. course for the year 1994-95 under the Special Category of five seats reserved. Later on the petitioner was directed to produce all the original certificates for verification and after the verification including the Plus Two mark sheets, he was allowed to join on 18.08.1994 in the Government Siddha Medical College, Palayamkottai. 3.After completing the 1st year, while doing the 2nd year of B.S.M.S. course, the 3rd respondent served an order on the petitioner passed by the 2nd respondent in Proceedings Ref.No. 13162/ME II/95 dated 12.03.1996 stating that the petitioner was discharged from the College once for all with immediate effect, on the charge of having produced a bogus Plus Two mark sheet for getting admission to B.S.M.S. course during the year 1994-95. 4.Finally, the petitioner was discharged from College by the 3rd respondent on 21.03.1996. Subsequently thereafter, a complaint was lodged by the 3rd respondent, there upon the District Crime Branch registered a case against the petitioner in Crime No.5 of 1996 for the alleged offences under Sections 468, 471 and 420 of the Indian Penal Code. After proper investigation, a charge sheet dated 20.07.2002 was also filed against the petitioner in C.C.No.275 of 2002 on the file of the Hon'ble Judicial Magistrate Court No.I, Tirunelveli for the above said offences. 5.The trial Court after examining 12 witnesses and 10 documents marked on the side of the prosecution, acquitted the petitioner by judgment dated 30.11.2006 passed in C.C.No.275 of 2002. Since there was no appeal preferred against the judgment by the petitioner, the 2nd respondent/ The Special Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai after the receipt of the representation from the petitioner, by letter dated 23.02.2007, informed the petitioner to approach the 1st respondent/ The Tamil Nadu Dr.M.G.R.Medical University, Chennai. 6.Thereafter, enclosing a copy of the judgment passed by the trial Court in C.C.No.275 of 2002 dated 20.07.2002, the petitioner requested the Vice Chancellor of the 1st respondent/ The Tamil Nadu Dr.M.G.R.Medical University, Chennai to permit the petitioner to continue the studies by joining the 3rd year, as he had already completed two years in B.S.M.S. course, but the petitioner was not https://hcservices.ecourts.gov.in/hcservices/ allowed to continue his 2nd year B.S.M.S. Degree course. Finally, the 2nd respondent by an impugned proceedings Ref.No.6569/P&D II/2007 dated 26.10.2007 rejected the petitioners representation. The said order is under challenge. 7.Learned counsel appearing for the petitioner submitted that when the petitioner with great difficulty got admission in B.S.M.S. course and also before completing his 2nd year course, he was suspended from further continuing his 3rd year course on the ground that he had produced a bogus certificate at the time of getting admission to B.S.M.S. course. Subsequently, when criminal case was filed against him, the trial Court after examining 12 witnesses and other documents found that no case was made out against the petitioner and the trial Court has given a clean sheet in the criminal case. 8.Till date no appeal has been filed and subsequently, the petitioner approached the respondents and the 3rd respondent also indicated that the 1st respondent in their communication dated 22.08.2007 addressed to the 3rd respondent/ Government Siddha Medical College, Palayaamkottai, requested the Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai to accord necessary permission to the candidate to rejoin the course and continue the B.S.M.S. course at Government Siddha Medical College, Palayaamkottai. The said communication further indicated that after issue of re- admission orders to the said candidate/ petitioner herein to join the II B.S.M.S. course in Government Siddha Medical College, Palayaamkottai, the University also will pursue further action for condoning the break of study. 9.From the said proceedings dated 22.08.2007 issued by the 1st respondent/ The Tamil Nadu Dr.M.G.R.Medical University, it could be seen that the petitioner's re-admission to the 3rd year B.S.M.S. course is possible provided the University condones the break of study of the candidate. But the respondents till date have not taken any action, even though the petitioner was suspended and subsequently a criminal case was filed against the petitioner. The trial Court also found that no case was made out in C.C.No.275 of 2002 and finally acquitted, the petitioner, of all the charges. Therefore, when the respondents have not challenged the said order, the petitioner should be allowed to continue the studies from the stage he discontinued in the 3rd respondent/ Government Siddha Medical College, Palayaamkottai. 10.When the matter was frequently adjourned from 2008 till now none of the respondents have filed counter, opposing the prayer of the petitioner, as to why he should not be re-admitted. Therefore, having seen that the petitioner was already acquitted by the trial Court, the charge upon which the petitioner was removed also goes. Therefore, the legal consequences would be that the petitioner having https://hcservices.ecourts.gov.in/hcservices/ received clean sheet from the trial Court, is entitled to re-join the B.S.M.S. course. 11.Accordingly, this Court finding no other reason from the respondents to re-admit the petitioner in 3rd respondent/ Government Siddha Medical College, Palayaamkottai directs the respondents to re- admit the petitioner in the 3rd respondent/ Government Siddha Medical College, Palayaamkottai to continue the B.S.M.S. course by condoning the delay as indicated by the 1st respondent in their communication letter dated 22.08.2007. 12.Since the courses have already started for the year 2010-11, it is made clear that the respondents should ensure the re-admission of the petitioner in the B.S.M.S. course from the stage he left the course in the academic year 2011-12. 13.With this observation, the writ petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar va To 1.The Registrar, The Tamil Nadu Dr.M.G.R. Medical University, 69, Mount Road, Guindy, Chennai-600 032. 2.The Special Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106. 3.The Principal, Government Siddha Medical College, Palayaamkottai, Tirunelveli District. 1 cc To Mr.D.L.Muthushanthan, Advocate, SR.35843 W.P.No.22622 of 2008 and M.P.No.1 of 2008 GV (CO) RH (1.7.11) https://hcservices.ecourts.gov.in/hcservices/