SEKAR REPORTER

Court News from Madras High Court

ஆர் சுரேஸ்குமார் judge அதிரடி உத்தரவு. கோர்ட் அவமதிப்பு வழக்கு. Cont.P.No.2011 of 2023 and Sub.Appl.No.612 of 2023 R.SURESH KUMAR, J. Heard Mr.V.R.Kamalanathan, learned counsel appearing for the petitioner and Mr.R.Sreedhar, learned Additional Government Pleader appearing for the respondent who has taken notice. By order dated 04.11.2022 in W.P.No.29302 of 2022, this Court

by ·

Cont.P.No.2011 of 2023 and Sub.Appl.No.612 of 2023 R.SURESH KUMAR, J.

Heard Mr.V.R.Kamalanathan, learned counsel appearing for the petitioner and Mr.R.Sreedhar, learned Additional Government Pleader appearing for the respondent who has taken notice.

  1. By order dated 04.11.2022 in W.P.No.29302 of 2022, this Court

having considered the decision taken already by the Fee Committee headed by a Former Judge of this Court for the academic year 2022-23 was inclined to grant an interim order of stay of the Government order issued by the respondent Government in G.O.(Ms)No.79, Chief Secretariat (Health), dated 28.10.2022, under which a different fee structure has been fixed unilaterally by the Government.

  1. Therefore, the resultant situation pursuant to the interim order

was, that for the academic year 2022-23 the fee structure fixed by the Committee would prevail and the Institutions would be free to collect such fee fixed by the Fee Committee headed by the Former Judge of this Court.

  1. The said writ petition is still pending and the interim order

granted by this Court dated 04.11.2022, also is still in subsistence.

  1. When that being so, insofar as the academic year 2023-24 is

concerned, in the respondent Union Territory the process for admission to both UG and PG Medical Courses, has already commenced and according to the schedule, the students for PG medical courses who have been selected for the admission shall report by tomorrow, i.e., 26.08.2023 at 5.00 pm.

  1. In the meanwhile, on 18.08.2023, the respondent Government, i.e., Government of Puducherry, Health Secretariat has passed an order fixing a new set of fee structure unilaterally of course for medical courses for both UG and PG and by virtue of such unilateral fixation as per the order dated 18.08.2023, according to Mr.V.R.Kamalanathan, learned counsel appearing for the petitioner, the order passed by this Court dated 04.11.2022 is violated.
  2. The reason being, according to him is that, by virtue of the said

interim order G.O.(Ms)No.79 dated 28.10.2022 was stayed by this Court and the said writ petition is still pending and the final decision is yet to be made by this Court in the said writ petition, therefore, the prevailing situation would be what was the fee fixed by the Fee Committee headed by the Former Judge of this Court for 2022-23 shall prevail unless and until, the new Fee Committee headed by another Former Judge of this Court after hearing the stake holders fixing the same.

  1. Without resorting to such exercise by giving an opportunity to

the stake holders including the Institution concerned like the petitioner, if at all once again the respondent Government has come forward to make a unilateral fixation of fee structure unmindful of the order passed by this Court as stated supra, it would be a violation of the order of this Court.

Therefore, it becomes necessitated for the petitioner to set the law in motion under the provisions of the Contempt of Courts Act, that is how, this contempt petition has been filed.

  1. Heard Mr.V.R.Kamalanathan, learned counsel appearing for the

petitioner, who having reiterated the aforestated would seek indulgence of this Court to make some interim arrangement by way of an interim order in view of the communication that has been given by the respondent Government including the press release stating that, the last date and time to report, for those students who have been selected for admission to PG medical courses in the respondent Union Territory will be 26.08.2023 at 05.00 pm.

  1. In this context, Mr.R.Sreedhar, learned Additional Government Pleader (Puducherry) having taken notice would seek sometime to respond.
  2. However, insofar as the students who are going to report by05.00 pm tomorrow, i.e., on 26.08.2023 are concerned, which kind of fee they have to pay or to be collected from them by the Institution is the question. In this regard, if the communication dated 18.08.2023 issued by the respondent Government fixing a new fee structure for the students of the year 2023-24 is permitted to prevail, that will have a direct conflict with the earlier fixation made by the Fee Committee headed by the Former Judge of this Court which having been considered, this Court, by order dated 04.11.2022, was inclined to grant an order of interim stay of unilateral fixation of fee structure of the respondent Government through G.O.(Ms)No.79 dated 10.2022
  3. In view of this prevailing position, this Court deems it fit to

grant the following interim order:

  • that there shall be a direction to the respondent not to insist the petitioner Institution or similarly placed Institutions to collect the fee pursuant to the communication dated 18.08.2023 from the students who have been selected for PG medical admission for the year 2023-24.
  • Ergo, the Institutions would be at liberty to collect the fee that has been fixed already by the Fee Committee headed by the Former Judge of this Court for the academic year 2022-23.
  • Insofar as collecting the fee is concerned,

since it is to be undertaken by the Authority, i.e., Centralised Admission Committee of Puducherry Government, that authority is hereby directed to either collect the fee as that was prevailing prior to issuance of the order dated 18.08.2023 or permit the Institution to collect such fee from the selected students of PG Medical Course.

  • Whatever fee that would be collected as directed herein above, such collection would be subject to the outcome of a decision to be made in this contempt petition as well as the pending main writ petition, i.e., W.P.No.29302 of 2022.
  1. Since the issue raised in the main writ petition is pertaining to G.O.(Ms)No.79 dated 28.10.2022 which was mainly issued for the academic year 2022-23, without finalising the issue, since a fresh issue has come up for the academic year 2023-24, this Court feels that along with this contempt petition, the main writ petition, i.e., W.P.No.29302 of 2022 also can be heard and decided. Therefore, Registry is directed to place these papers for tagging the said writ petition, i.e., W.P.No.29302 of 2022 along with this contempt petition for combined hearing after getting necessary orders from my Lord the Hon’ble Chief Justice.

                     25.08.2023

vji

Note: Issue order copy by 25.08.2023.

R.SURESH KUMAR, J.

vji

Cont.P.No.2011 of 2023 and Sub.Appl.No.612 of 2023

25.08.2023

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