D.Sethil Kumar v. The Government Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2024
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.19853 of 2024 and WMP.No.21759 of 2024 D.Senthil Kumar ...
Petitioner Vs
1. The SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER AND TECHNICAL EDUCATION, GOVERNEMNT OF PUDUCHERRY, PUDUCHERRY 605 001
2. THE DIRCTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE /SEVICES, NODAL OFFICER, NEET (UG), GOVERNEMNT OF PUDUCHERRY, PUDUCHERRY 605001.
3. THE CENTRALIZED ADMISSION COMMITTEE, GOVERNEMNT OF PUDUCHERRY, REPRESENTED BY ITS CONVENOR, KAMARAJ MAIN MANDAPAM, LAWSPET, PUDUCHERRY 605 008.
4. NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS PRESIDENT, NO 14 SECTOR - 8, DWARAKA, NEW DELHI 110 077.
5. THE DIRECTOR OF SPORTS AND YOUTH AFFAIRS, III FLOOR B-BLOCK, 1/7
PERUNTHALAIVAR KAMARAJAR CENTENARY EDUCATION COMPLEX, ANNA NAGAR, PUDUCHERRY.605 005.
(R5- SUO MOTU IMPLEADED AS per order dated 23.07.2024 in W.P.no.19853 of 2024) ....Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus Directing the 3rd respondent to consider petitioners objection dated 29.06.2024 given to the 3rd respondent and provide his son Mr. S. Darashan aged about 17 years total of 745 marks under the Meritorious sports Personnel Quota for the UG- NEET courses 2023-324 including 500 marks to him as petitioners son Darshan has secured gold medal in Asian Atya patya championship as the Asian championship Games falls under the Category -I as per G.O Ms. No 98 dated 12.09.2009 and allot admission to his son Mrs. S. Darshan aged about 17 years to the 1st year MBBS for the academic year 2024-25 under the Meritorious Sports personnel Quota for the UG - NEET course 2023-24 according to merit list.
For Petitioner : Mr.P.Balamurugan For Respondent : Mr.M.Nirmal kumar GA (P) RR1,3 & 5 Mr.Subjaranjani Ananth R4
ORDER
This petition has been filed seeking a direction to the 3rd respondent to consider the petitioners objection dated 29.06.2024 and provide his son Mr. S. Darashan aged about 17 years total of 745 marks 2/7
under the Meritorious Sports Personnel Quota for the UG- NEET courses 2023-324 including 500 marks to him as the petitioners son Darshan has secured gold medal in Asian Atya patya championship as the Asian championship Games falls under the Category -I as per G.O Ms. No 98 dated 12.09.2009 and allot admission to his son to the 1st year MBBS for the academic year 2024-25 under the Meritorious Sports personnel Quota for the UG - NEET course 2023-24 according to merit list.
2. It is the case of the petitioner that the petitioner's son S.Darshan has passed the higher secondary school examinations for the academic year 2023-24 and also appeared in NEET examination. In NEET, he secured 259 marks out of 720. The petitioners son had participated in the first Asian Atya Patya Championship which was held at Kathmandu, nepal which was conducted between 28.03.2024 and 31.03.2024. The petitioner's son won gold medal in the said Asian Atya Patya Championship. The Atya-Patya Federation of India, which was recognised by the Government of India, Ministry of Sports Affairs, issued a merit certificate in this regard to the petitioner's son. The petitioner understand that his son had been given only 3/7
350 points though he secured gold in Asian Atya Patya Championship. They have taken marks for participation of the candidates each and every year and the petitioner son was awarded 595 points by giving only 350 points for his participation in first Asian Atya Patya Championship. He ought to have been given 745 points. Hence, the petitioner has given objection to the points awarded to his son S.Darshan on 29.06.2024 through online Grievance Redressal System and a copy has been handed over to the 3rd respondent. Till date, the respondents did not change the marks. Hence, the present writ petition.
3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider petitioners objection within the stipulated time as fixed by this Court.
4. The learned Standing Counsel appearing for the respondents submitted that the petitioner has filed only a mandamus directing the respondents to consider his objection dated 29.06.2024 and the same will be considered in terms of G.O.Ms.No.53 dated 24.05.2024 within the stipulated 4/7
time as fixed by this Court.
5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court direct the second third respondents to consider the petitioners representation and pass appropriate orders within a period of one week from today.
7. With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 27.08.2024 rli Note - Issue order copy on 02.09.2024 Index:Yes/No Internet:Yes/No 5/7
Speaking/Non speaking M.DHANDAPANI, J.
Rli To
1. The SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER AND TECHNICAL EDUCATION, GOVERNEMNT OF PUDUCHERRY, PUDUCHERRY 605 001
2. THE DIRCTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE /SEVICES, NODAL OFFICER, NEET (UG), GOVERNEMNT OF PUDUCHERRY, PUDUCHERRY 605001.
3. THE CENTRALIZED ADMISSION COMMITTEE, GOVERNEMNT OF PUDUCHERRY, REPRESENTED BY ITS CONVENOR, KAMARAJ MAIN MANDAPAM, LAWSPET, PUDUCHERRY 605 008.
4. NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS PRESIDENT, NO 14 SECTOR - 8, DWARAKA, NEW DELHI 110 077.
5. THE DIRECTOR OF SPORTS AND YOUTH AFFAIRS, III FLOOR B-BLOCK, PERUNTHALAIVAR KAMARAJAR CENTENARY EDUCATION COMPLEX, ANNA NAGAR, PUDUCHERRY.605 005.
WP.No.19853 of 2024 6/7
27.08.2024 7/7