DD Medical College's plea to restrain re-deployment dismissed
By Express News Service | Published: 14th November 2013 02:00 PM |
An interim miscellaneous petition from the defunct DD Medical College in Punnavalam village, Tiruvallur district, to restrain the government and the Medical Council of India (MCI) from re-deploying/re-allotting its 150 students to other medical colleges for 2010-11, was dismissed by the Madras High Court on Wednesday.
The petitioner college contended that it had preferred a writ petition challenging the cancellation of affiliation and the matter was still pending. Therefore, the re-deployment of the students to other medical colleges would render the petition infructuous.
The government submitted that counselling had already been completed for admission of the 150 students in various government medical colleges by re-deployment. The selection committee had issued allotment orders to 149 students and a majority of them had already joined the institutions concerned.
Justice KK Sasidharan pointed out that an order was passed on the writ petition challenging the cancellation of affiliation on October 14. It was only thereafter that the State government took action to accommodate the 150 students in various government medical colleges in the State. The students had been already allotted to various colleges and they had joined the institutions concerned. Hence, “This court will not be justified in granting an order of injunction restraining the government from re-deploying/re-allotting the 150 students, after issuing admission cards by the department of Medical Education. The re-deployed students will be put to great loss and hardship in case such an interim order is passed at this point of time,” the judge said and dismissed the petition.
The judge, however, said that the order passed by the government regarding re-deployment during the currency of the main writ petition would be subject to the final orders to be passed in the writ petition.
The judge also dismissed another writ petition from R Gopalakrishnan, whose daughter G Akshaya was allotted a seat in Sri Muthukumaran Medical College in Mangadu as per her ranking. She was later transferred to the Chennai Medical College and Research Centre in Tiruchy. The petitioner wanted his daughter to be transferred to any one of the government medical colleges on the basis of her rank position for 2010-11, instead of admitting other candidates of DD Medical College, who secured less marks.
Rejecting the plea Justice Sasidharan pointed out that the 150 students of DD Medical College formed a separate class. They were not at fault. The fault was of the institution. No justifiable reasons were demonstrated before this court to quash the notification, which was issued in the larger interest of the students of DD Medical College. “Therefore, I do not find any reason to entertain this writ petition,” the judge said.