D.Mohanapriya (Minor) v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.Nos.16580 and 16582 of 2019 D.Mohanapriya (minor) rep. by father/Guardian, V.Dhamodaran ... Petitioner in W.P.No.16580 of 2019 S.Sangeetha (minor) rep. by father/Guardian, L.Subramani ... Petitioner in W.P.No.16582 of 2019 vs.

1.

The State of Tamil Nadu, rep. by its Principal Secretary, Department of Higher Education, Fort St. George, Chennai 600 009.

The State of Tamil Nadu, rep. by its Principal Secretary, Department of Animal Husbandary, Fisheries, Fort St. George, Chennai 600 009.

The State of Tamil Nadu, rep. by its Principal Secretary, Department of Agriculture, Fort St. George, Chennai 600 009.

The State of Tamil Nadu, rep. by its Principal Secretary, Department of Information Technology (IT), Fort. St. George, Chennai 600 009.

Anna University, Guindy, Chennai.

The Secretary, Tamil Nadu Engineering Admission, Guindy, Chennai.

Tamil Nadu Veterinary and Animal Sciences University (TANUVAS), Madhavaram Milk Colony, Chennai 600 051.

8.

Tamil Nadu Agricultural University (TNAU), Lawley Road, Coimbatore - 641 003.

... Respondents in both W.Ps.

Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the Respondents to conduct single common counselling for B.V.Sc., B.Sc. Agri. B.E. and B.Sc. (Fishi Culture), B.Tech. Food Technology by the Universities viz. Tamil Nadu Agriculture University, Anna University, Tamil Nadu Veterinary and Animal Sciences University, after completion of NEET selection for admitting the candidates.

For Petitioner in both W.Ps.:

Mr.U.Karunakaran For Respondents 1 to 4 in both W.Ps.

:

Mr.M.R.Gokulakrishnan, Government Advocate For 5th Respondent in both W.Ps.

:

Mr.M.Vijayakumar For 7th Respondent in both W.Ps.

:

Mr.S.Vijayakumar For 8th Respondent in both W.Ps.

:

Mr.Abdul Saleem C O M M O N O R D E R Petitioners have come up with the present Writ Petitions seeking a direction to the Respondents to conduct single common counselling for B.V.Sc., B.Sc. Agri. B.E. and B.Sc. (Fishi Culture), B.Tech. Food Technology by the Universities viz. Tamil Nadu Agriculture University, Anna University, Tamil Nadu Veterinary and Animal Sciences University, after completion of NEET selection for admitting the candidates.

As the issue involved in both Writ Petitions is one and the same, cases are taken up for disposal by a common order. In the Affidavit filed by the Petitioners herein, it is stated that, Petitioners are studying XII Standard in Lady Sivasami Iyer Girls Higher Secondary School, Mylapore, Chennai and they intend to join professional Colleges in the order of

preference as per the cut off marks to be scored in Standard XII. It is further stated that, Universities conduct counselling only through computer system based on the merit list prepared by them and that, the same can be integrated and coordinated among all the Universities. It is the case of the Petitioners that, they are deprived of their right to get seats according to their merit in view of different counsellings conducted by the Universities on different dates and hence, they have come up with the above Writ Petitions seeking a direction to the Respondents to conduct single common counselling.

Learned counsel for the Petitioners submitted that, it would suffice if this Court directs the Petitioners herein to send a representation to the Respondents and upon receipt of the same, Respondents may be directed to consider the representation and pass appropriate orders within a stipulated time. On the other hand, learned Government Advocate appearing for Respondents 1 to 4 submitted that, as of now, there is no provision to conduct single common counselling by all the Universities and that, the Government has to take a policy decision in that regard.

Heard the learned counsel for the parties and perused the material documents available on record.

Undoubtedly, conducting single common counselling by all the Universities is the policy decision of the Government and this Court cannot take a decision in that regard. Hence, the relief sought for by the Petitioners cannot be granted. In fine, Writ Petitions are dismissed as devoid of merits. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar (aeb) To:

1.

The Principal Secretary, State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai 600 009.

The Principal Secretary, State of Tamil Nadu, Department of Animal Husbandary, Fisheries, Fort St. George, Chennai 600 009.

The Principal Secretary, State of Tamil Nadu, Department of Agriculture, Fort St. George, Chennai 600 009.

The Principal Secretary, State of Tamil Nadu, Department of Information Technology (IT), Fort. St. George, Chennai 600 009.

Anna University, Guindy, Chennai.

The Secretary, Tamil Nadu Engineering Admission, Guindy, Chennai.

Tamil Nadu Veterinary and Animal Sciences University (TANUVAS), Madhavaram Milk Colony, Chennai 600 051.

8.

Tamil Nadu Agricultural University (TNAU), Lawley Road, Coimbatore - 641 003.

+1cc to Mr.S.Vijaya Kumar, Advocate SR.No.60498 +1cc to Mr.M.Vijaya Kumar, Advocate SR.No.60795 +1cc to the Government Pleader, SR.No.61494 +1cc to Mr.M.Vijaya Kumar, Advocate SR.No.60796(03/02/2022) W.P.Nos.16580 & 16582 of 2019 KV(CO) CB(21/01/2022)