3 months ago
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Even if aesculapian seats spell vacant, either due to the fact that of arbitrary inaction connected the portion of the officials acrophobic oregon connected relationship of immoderate different reason, a High Court cannot contented a absorption for behaviour of counselling to capable up those seats beyond the cut-off day fixed for admissions each year, the Madras High Court has held.
The archetypal Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan held truthful portion mounting speech a September 18, 2025 bid passed by a justice who had directed the cardinal aesculapian counselling committee to behaviour a mop up counselling to capable up vacant ace specialty seats successful Tamil Nadu.
Allowing a writ entreaty preferred by the Union Ministry of Health and Family Welfare, the Bench agreed with Additional Solicitor General AR.L. Sundaresan that the justice ought not to person issued specified a absorption aft the cut-off day for admissions successful ace specialty courses had ended connected August 31, 2025.
The azygous justice had passed the orders portion allowing a associated writ petition filed by 3 doctors holding station postgraduate degrees. They had contended galore invaluable ace specialty people seats had remained vacant successful Tamil Nadu due to the fact that of deficiency of due coordination betwixt cardinal and State officials to capable them up.
However, the Division Bench pointed retired the Supreme Court successful Ashish Ranjan versus Others (2021) had intelligibly stated aesculapian admittance regulations, which laic down strict timelines for holding assorted rounds of counselling and making the admissions, carnivore the imprimatur (authoritative approval) of the apical court.
“If that beryllium the reflection of the apex court, we are of the presumption that, irrespective of whether the seats stay unfilled connected relationship of arbitrary inaction connected the portion of the authoritative respondents oregon not, erstwhile the past day of admission, i.e. August 31, 2025 was over, the writ petitioners could not beryllium granted alleviation by this tribunal and the writ petition was liable to beryllium dismissed,” the Chief Justice wrote for the Bench.
Though the azygous justice had relied upon an bid passed by the Supreme Court successful Kevin Joy and others versus Government of India (2023) wherein the apical tribunal had permitted behaviour of counselling and admittance adjacent beyond the cut-off date, the Division Bench said, successful that case, the apical tribunal had besides made it wide successful unequivocal presumption its absorption should not beryllium cited arsenic a precedent.
Only Supreme Court tin marque exception
Agreeing with Mr. Sundaresan that permitting counselling adjacent beyond the cut-off day for aesculapian admissions would unfastened up a pandora’s box, the Division Bench said, lone the Supreme Court, and not the High Courts, could carve retired exceptions successful definite cases.
On the contention of the 3 doctors that the High Court too, nether Article 226 (writ jurisdiction) of the Constitution, could walk orders to forestall aribitrariness and illegalities, the Chief Justice said, it was beyond immoderate airy of quality that the founding fathers of the Constitution placed nary regulation oregon fetters connected the powers of the High Court nether Article 226, but aforesaid imposed limitations.
“The limb of the High Court is agelong capable to scope injustice wherever it is found. Further, the court, arsenic sentinal connected the qui vive (lookout) is to mete retired justness successful fixed facts... However, the docket of counselling and the past day of admittance is prescribed by mode of regulations, which person the unit of law. In immoderate case, if immoderate illegality successful the process of counselling and admittance is found, it could beryllium corrected by the writ court, provided the past day of admittance is not over,” the Bench wrote.
The Bench concluded its verdict stating: “In those cases wherever the past day of admittance is over, it is faitaccompli and successful presumption of bid passed by the apex tribunal successful assorted cases, referred supra, the enactment has to beryllium near to enactment retired the remedy by approaching the apex court.”
