Sneha v. Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.Nos.14520, 14521 & 20232 of 2018 and W.M.P.Nos.17125, 17126, 17128, 17129 & 20229 to 20234 of Sneha ... Petitioner in W.P.No.14520 of 2018 Rashmi ... Petitioner in W.P.No.14521 of 2018 K.Samanvitha ... Petitioner in W.P.No.20232 of 2018
Versus
1.Secretary to Government, Health and Family Welfare Department, St. George Fort, Chennai - 600 001.
2.The Secretary, Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.
... Respondents in all W.Ps COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Certiorari to call for the records of the First and Second Respondent pertaining to clause 3 Sub-Clause (g) of the Prospectus for admission to MBBS/BDS Courses in Tamil Nadu Government Medical/Dental Colleges and Government Seats in Self Financing/Dental Colleges affiliated to the Tamil Nadu Dr.M.G.R. Medical University and Raja Muthiah Medical/Dental College affiliated to Annamalai University 2018-2019 session and quash the same as illegal, arbitrary, unconstitutional, violative of Article 14 of Constitution of India, non est in Law. For Petitioners : Ms.R.Vinodhini for M/S.B.Vijay For Respondents : Mr.V.Kathirvelu Special Government Pleader
C O M M O N O R D E R The case of the petitioner is that the clause 3 (g) of the prospectus issued by the Selection Committee, Directorate of Medical Education for admission in the year 2017-2018 is without any rational and violative of doctrine of erratum under Article 14 of the Constitution of India.
2. The grievance of the petitioner is that till 2017-2018, the eligibility criteria for considering the candidate under the Tamil Nadu Native category, the said candidate should have studied in Tamil Nadu from 8th to 12th standard, whereas this has been amended in the admission year 2018-2019 as 6th to 12th standard which has put the petitioner by irrepairable loss.
3. When the matter was heard at the time of admission , this Court has passed an Interim Order to permit the petitioner to participate in the counselling and allotted seat as per the Original Rank Sheet held by them. Accordingly, the petitioner has participated in this counselling.
4. In the Counter Affidavit filed by the second respondent, it appears that though the petitioner was permitted to participate in the counselling she was not allotted any seat, since she did not secured cut off mark for admission.
5. In the light of the above the factual aspect, without adverting to merit of the Writ Petitions,they are dismissed as infructuous. No cost. Consequently, the connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar arb/rpl To 1.The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, St. George Fort, Chennai - 600 001.
2.The Secretary, Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.
+3ccs toM/S.B.Vijay , Advocate SR.No. 53111 W.P.Nos.14520, 14521 & 20232 of 2018 and W.M.P.Nos.17125, 17126, 17128, 17129 & 20229 to 20234 of A.SK(01/08/2019)