Shiyamala (Minor), v. The Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2018
CORAM:
THE HON'BLE Mr. JUSTICE R.MAHADEVAN Writ Petition No.24722 of 2017 & W.M.P.No.26080 of 2017 Shiyamala, Minor, Rep. by father and natural guardian, Mr. R.Lakshmipathy ... Petitioner Vs
1. The Director, National Eligibility (cum) Entrance Test (UG), Central Board of Secondary Education, New Delhi
2. The Selection Committee for Admission in Medical and Dental Colleges (NEET 2017 UG), Directorate of Medical Education, Kilpauk, Chennai 600 010
3. The Secretary to Government of Tamil Nadu, Ministry of Health and Family Welfare, Fort St. George, Chennai 600 009
4. The Medical Council of India, Rep. by Chairman, Pocket 14, Sector 18, Dwaraka Phase - I, New Delhi 110 077 ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents particularly the 2nd respondent Selection Committee Directorate of Medical Education, Kilpauk, Chennai 600 010, to give the MBBS admission in Rank No. 1258 as per the provisional merit list in the Government Quota published by the Director, National Eligibility cum Entrance Test (UG), Dental Board of Secondary Education New Delhi to the Petitioners daughter Shiyamala forthwith. For Petitioner : Mr. K.Balakrishnan For Respondents : Mrs. P.Rajalakshmi, AGP., for R-2 & R-3.
Mr.V.P.Raman for R4 ---
O R D E R
Seeking directions against the 2nd respondent to provide MBBS admission, as per the provisional merit list in the Government Quota published by the first respondent herein, to the petitioner's daughter, Minor.Shiyamala, the father of the petitioner has filed this writ petition.
2. It is the claim of the petitioner's father that her daughter secured 150 marks in NEET Examination and declared pass, appeared for counselling under Government quota for the year 2017-18, on 06.09.2017. But neither MBBS admission nor BDS admission were given to her. Despite the fact that four seats were available in BDS course and the petitioner, having expressed her willingness to join in either of the courses, she was not given any admission.
3. Heard both sides.
4. The learned counsel appearing for the petitioner, by reiterating the above said facts, submitted that based on the marks obtained by the daughter of the petitioner in the NEET, she should be given admission in either MBBS course or BDS course, in the Government quota.
5. The learned Additional Government Pleader appearing on behalf of respondents 2 and 3, while denying the stand taken by the petitioner in toto, has drew the attention of this Court to paragraph 6 of the common counter affidavit filed on behalf of respondents 2 and 3, which reads thus:- "6. It is submitted that the first phase of counselling for MBBS/BDS courses 2017-18 session was conducted from 24.08.2017 to 30.08.2017.
The information regarding the counselling schedule was circulated in Press Media and hosted in the official website www.tnhealth.org and www.tnmedicalselection.org with instruction to the candidates stating that the "candidates can only download the call letters for counselling from websites www.tnhealth.org/www.tnmedicalselection.org and attend the counselling. No individual call letters will be sent." In addition, it was also informed that "candidates can attend the counselling as per the date, time and mark mentioned in the schedule if they are unable to download the call letter from the websites". It is further submitted that in the counselling schedule itself it has been clearly mentioned that "if the candidate is absent for the first phase of counselling called for, he/she cannot attend the subsequent counselling." Hence the statement of the petitioner that she was not aware of the date of counselling is not correct."
6. At this juncture, the learned counsel appearing for the petitioner intervened and submitted that the petitioner would be satisfied if the representation, dated 25.09.2017, submitted by the petitioner to the third respondent, subsequent to the filing of the writ petition, was considered and disposed of.
7. In view of the said submission and considering the facts and circumstances of the case, this Court, without going into the merits or otherwise of the matter, hereby directs the third respondent to pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner. It is made clear that the third respondent shall independently pass orders on the said representation, without being uninfluenced by anything said in this order.
8. The writ petition stands disposed of, in the above terms. No costs. Consequently, the connected WMP is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar srk To
1. The Director, National Eligibility (cum) Entrance Test (UG), Central Board of Secondary Education, New Delhi
2. The Selection Committee for Admission in Medical and Dental Colleges (NEET 2017 UG), Directorate of Medical Education, Kilpauk, Chennai 600 010
3. The Secretary to Government of Tamil Nadu, Ministry of Health and Family Welfare, Fort St. George, Chennai 600 009
4. The Medical Council of India, Rep. by Chairman, Pocket 14, Sector 18, Dwaraka Phase - I, New Delhi 110 077 +1 cc to Mr.V.P.Raman Advocate sr 1820 +1 cc to Govt Pleader sr 2383 +1 cc to Mr.K.Balakrishnan Advocate sr 1912 W.P.No.24722 of 2017 & W.M.P.No.26080 of 2017 aa22/01/2018