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Madras High CourtWP/2685/2022dismissed

Minor S.Karthik Siva v. The State Of Tamil Nadu

2022-03-30Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.2685 of 2022 & WMP.Nos.2849 & 2851 of 2022 Minor S.Karthik Siva ... Petitioner rep. By his Father N.Senthilkumar Vs 1.The State of Tamil Nadu Rep. By its Secretary, Health & Family Welfare Department, Secretariat, St.George Fort, Chennai - 600 009.

2.The Director of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

3.The Secretary, Selection Committee, No.162, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the 1st respondent dated 27.01.2022, Ref.No.-Nil- in respect of candidates selected under Special Category for the Academic Year 2021-2022 in respect of M.B.B.S./B.D.S. Degree courses such as Physically handicapped, Children of Ex-Serviceman and Eminent Sports Person more particularly Sports Quota and quash the same. For Petitioner :

Mr.B.Gopalakrishnan For Respondents :

Mr.C.Jayaprakash, Government Advocate

O R D E R

On 16.02.2022, I have passed the following order: "Mr.D.Ravichander, learned Special Government Pleader accepts notice for respondents and prima facie, would submit that the prayer in this Writ Petition is not liable to be granted. 7 seats are available for eminent sports persons category, in which the seventh candidate has obtained 515 marks for her achievements in sports, which exceeds the sum total of the petitioner's marks obtained in Neet, being 151 and achievement in sports, being 135, even assuming that the entire claim of 135 is to be granted.

2.

List on 07.03.2022.

Counter/written instructions by then with an advance copy served upon the petitioner."

2.Thereafter, a counter has been filed by the respondents reiterating the position as captured on 16.02.2022. In Paragraph 11, they have further whittle down the marks assigned to the petitioner for his achievement in sports at 75 as against 135, which they have originally computed. 3.In any event, the fact that the petitioner is ineligible even assuming that the claim of 135 marks has to be granted in entirety is undisputed.

4.Recording the aforesaid, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar sl/kbs To 1.The Secretary, The State of Tamil Nadu Health & Family Welfare Department, Secretariat, St.George Fort, Chennai - 600 009.

2.The Director of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

3.The Secretary, Selection Committee, No.162, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

+1cc to Mr.B.Kumarasamy, Advocate SR. No.21924 +1cc to Government Pleader SR. No. 22470 W.P.No.2685 of 2022 & WMP.Nos.2849 & 2851 of 2022 PMK (CO) PR (12/04/2022)