T.R.Jananipriya. v. National Medical Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2023 CORAM : JUSTICE N.SESHASAYEE T.R.Jananipriya .... Petitioner Vs 1.The National Medical Commission Satarkta Bhawan, G.P.O. Complex Block A, INA, New Delhi - 110 023.
2.The Director The Tamil Nadu Dr.MGR Medical Universities 69, Anna Salai Guindy, Chennai - 600 032.
3.The Secretary Health and Family Welfare (MCA-1) Department Secretariat, St.George Fort, Chennai.
4.The Selection Committee Directorate of Medical Education No.162, Periyar EVR High Road Kilpauk, Chennai - 600 010.
.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second and fourth 1/6
respondents to revive and re-examination and to consider the petitioner representation dated 26.08.2023 for Application No.23PG101533 for "B" or "C" category PG Medical Management Quota in forthcoming PG-Medical Counselling 2nd session in academic year 2023-2024 going to be held on or before 29.08.2023 to 01.09.2023 based on petitioner's documents and merits.
For Petitioner : Mr.G.Dakshinamurthy For Respondents : Ms.Shubaranjani Ananth for R1 Mr.S.Wilson for R2 Mr.M.Bindran Additional Government Pleader for R3 Ms.Sunita Kumari for R4
ORDER
The petitioner herein has registered herself for counselling for PG Course under the Government Quota, both in Government Colleges and Selffinancing Colleges, and that by oversight she failed to submit her online application for management quota. The petitioner has now given her representation on 26.08.2023 for considering her candidature for the management quota.
2. Ms.Shubaranjani Ananth, learned counsel takes notice for the first 2/6
respondent, Mr.S.Wilson, learned counsel takes notice for the second respondent, Mr.M.Bindran, learned Additional Government Pleader takes notice for the third respondent and Ms.Sneha, learned counsel takes notice for the fourth respondent.
3. The learned counsel for the fourth respondent submitted that the petitioner has applied for counselling for government seats in Government Colleges and Self-financing Colleges, and not for the management quota. She submitted that the candidates are required to make separate applications for both these categories since they are governed by different prospectus. She also submitted that the counselling process has already commenced, and so far as the petitioner is concerned, her case is being considered under government seats in Government Colleges and Self-financing Colleges.
4. If this Court were to direct the fourth respondent to consider the representation of the petitioner dated 26.08.2023, it will create an anomoly, and the fourth respondent, the Selection Committee, cannot consider the representation of the petitioner unless a separate application for counselling under management quota is uploaded in its web portal. However, the online 3/6
registration for counselling is long concluded, and it cannot be directed to be re-opened for the sake of this candidate.
5.Wishing good luck to the petitioner for her counselling for the government seats in Government Colleges and Self-financing Colleges that she has applied, this Court informs her of its inability to help her. 5.This writ petition is dismissed accordingly. No costs. 04.09.2023 Index : Yes / No Speaking order / Non-speaking order ds Note : Issue order copy today (04.09.2023) 4/6
To:
1.The National Medical Commission Satarkta Bhawan, G.P.O. Complex Block A, INA, New Delhi - 110 023.
2.The Director The Tamil Nadu Dr.MGR Medical Universities 69, Anna Salai Guindy, Chennai - 600 032.
3.The Secretary Health and Family Welfare (MCA-1) Department Secretariat, St.George Fort, Chennai.
4.The Selection Committee Directorate of Medical Education No.162, Periyar EVR High Road Kilpauk, Chennai - 600 010.
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N.SESHASAYEE.J., ds 01.09.2023 6/6