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Madras High CourtWP/25004/2024disposed of with direction

J.Ch.Dharshine v. The State Of Tamil Nadu

2024-08-28Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.27337 of 2024 J.Ch.Dharshinie ... Petitioner Vs.

1. The State of Tamil Nadu, Rep.by the Secretary to Government, Department of Higher Education, Fort Saint George, Chennai-600 009.

2.The Director of Medical Education, Directorate of Medical Education and Research, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

3.The Selection Committee, Represented by its Secretary, MBBS/BDS (Government Quota) Course Session 2024-2025 Directorate of Medical Education and Research, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

...

Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to permit the petitioner to complete the submission of her application for MBBS/BDS (Government Quota) Course Session 2024-2025 and permit the petitioner to participate in Round 1 of the Counselling or in the alternative permit her to register her application for Round 2 of the counselling. For Petitioner :

Mr.A.Arulmozhi For Respondents :

Mr.E.Sundaram Government Advocate for R1 and R2 Ms.M.Sneha Standing Counsel for R3

O R D E R

This Writ Petition has been filed to direct the respondents to permit the petitioner to complete the submission of her application for MBBS/BDS (Government Quota) Course Session 2024-2025 and permit her to participate in Round 1 of the Counselling or to register her application for Round 2 of the Counselling.

2. The learned counsel appearing for the petitioner submits that the petitioner passed Higher Secondary CBSE Board Examination with 90% marks and applied for NEET Examination from the year 2021 to 2023, however, she did not score sufficient marks to get admission in the Government Medical College in Tamil Nadu. She again applied for NEET Examination in the year 2024 and scored 592 out of 720. On 31.07.2024, the first respondent published the application form and opened the portal for submission. The petitioner submitted her application on 06.08.2024, however, due to internal server issue, she did not receive confirmation reply. While so, on 19.08.2024, the respondents published the first list of candidates for counselling Round No.1, but the name of the petitioner was not included. When the petitioner went to the office of the second respondent, she was informed that her application was not received and she could not submit a second application as her application had already been registered for the first counselling. Aggrieved by the same, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner submits that in the Prospectus issued by the Government of Tamil Nadu, it has been stated in clause (e) that a candidate can submit Tamil Nadu State 2024-2025 UG (MBBS/BDS) Government quota application form only once and candidates may apply for Management quota (if willing) separately. Therefore, the petitioner is not in a position to upload the application in second time and though the respondents claim that portal was closed on 09.08.2024, there are several candidates like that of the petitioner and hence, on sympathetic ground, the respondents may open the portal for allowing the candidates like that of the petitioner to submit their application, even though they are not able to participate in the second round counselling, however, they can participate in mop-up counselling. Hence, this Court may permit the petitioner to make a representation before the third respondent for opening the portal.

4. Heard the learned counsel appearing for the petitioner, the

learned Government Advocate appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the third respondent.

5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, permits the petitioner to make a representation before the third respondent within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the third respondent is directed to consider the same and pass appropriate orders within a period of one week thereafter.

6. Accordingly, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.

28.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

Note: Issue order copy on 28.08.2024 To

1. The State of Tamil Nadu, Rep.by the Secretary to Government, Department of Higher Education, Fort Saint George, Chennai-600 009.

2.The Directorate of Medical Education, Rep.by the Director of Medical Education, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

3.The Selection Committee, Represented by its Secretary, MBBS/BDS (Government Quota) Course Session 2024-2025 Directorate of Medical Education and Research, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

M.DHANDAPANI, J.

ssb 28.08.2024