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Madras High CourtWP/26284/2024dismissed

Pathanjaliya v. The State Of Tamil Nadu

2024-09-26Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.28712 of 2024 Pathanjaliya ... Petitioner Vs.

1.The State of Tamil Nadu Represented by its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.

2.Directorate of Medical Education and Research Represented by the Director of Medical Education Kilpauk, Chennai - 600 010.

3.Selection Committee Represented by its Secretary/ Additional Director of Medical Education and Research Directorate of Medical Education and Research 162, Periyar E.V.R.High Road, Kilpauk, Chennai - 600 010.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent contained in its letter dated 27.08.2024 and to quash 1/8

the same as arbitrary, unjust and illegal and to consequently direct the respondent nos.2 and 3 to accept the petitioner's online applications bearing A.No.24UG825954 and A.No.24UG910897 and permit the petitioner to participate in the State quote counselling for admissions to MBBS / BDS degree courses in Tamil Nadu Government Medical / Dental Colleges, Government Seats in Self Financing Medical/ Dental Colleges, ESIC Medical Colleges, K.K.Nagar Chennai and private universities for academic year 2024-25.

For Petitioner : Mr.Suhrith Parthasarathy For Respondent : Mr.E.Sundaram for R1 and R2 Government Advocate Ms.M.Sneha for R3

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the third respondent in letter dated 27.08.2024 and to quash the same as arbitrary, unjust and illegal and to consequently direct the respondent nos.2 and 3 to accept the petitioner's online applications bearing A.No.24UG825954 and A.No.24UG910897 and permit the petitioner to participate in the State quote counselling for admissions to MBBS / BDS degree courses in Tamil Nadu Government Medical / Dental Colleges, Government Seats in Self Financing Medical/ Dental Colleges, 2/8

ESIC Medical Colleges, K.K.Nagar Chennai and private Universities for academic year 2024-25.

2.The case of the petitioner is that the petitioner participated in the National Eligibility Cum Entrance Examination conducted by the National Testing Agency for admission to undergraduate medical education for 2024-25 and scored 377 marks. The petitioner was not able to submit her application for MBBS / BDS Degree Course under Government quota and Management quota for academic year 2024-25 within the deadline. Hence, she approached the third respondent and conveyed her difficulties, however, there was no response. Since the first round of State quota counselling was nearing, she filed the writ petition in W.P.No.24360 of 2024 seeking direction to the respondents to extend the time limit for the application process and pursuant to the order of this Court dated 20.08.2024 made in the said writ petition, the impugned letter was issued.

Hence this writ petition. 3.

glitches and errors in the online portal, the petitioner was not in a position to complete the payment and submit the application within the deadline. The learned counsel further submitted that if the respondents had received the application physically, the petitioner could have submitted the applications within the prescribed time. The learned counsel prayed this Court to issue direction to the respondents to receive the applications physically so as to enable the petitioner to participate in the Mop Up counselling.

4.The learned counsel appearing for the third respondent submitted that if a candidate is unable to access the online application, then he/ she can appear in person with parent/ guardian, with all the original certificates at any one of the nearest Government Medical Colleges/ Tamil Nadu Government Dental Colleges and the Tamil Nadu Facilitation Centre Government School in each District and utilize the facilities to access and apply online. If the petitioner had found difficulty, she could have approached the Tamil Nadu Facilitation Centre and sought for assistance.

5.The learned counsel appearing for the third respondent further submitted that the prospectus was issued on 31.07.2024 and the last 4/8

date for submission of application was notified on 08.08.2024 and the said date was subsequently extended upto 09.08.2024. The learned counsel further submitted that the third respondent has to strictly adhere to the counselling schedule released by the DGHS and if time is extended further, the respondent will not be in a position to stick to the schedule issued by DGHS and further submitted that the third respondent had received 43063 applications for UG Medical admission and therefore the questions of technical glitch and the third respondent failing to rectify the same does not arise.

6.Heard the arguments advanced on either side and perused the materials available on record.

7.Admittedly, the petitioner is a medical aspirant and she participated in the National Eligibility Cum Entrance Examination conducted by the National Testing Agency for admission to undergraduate medical education for 2024-25 and scored 377 marks. The grievance of the petitioner is that the petitioner is not able to submit her online application within the prescribed time. Hence, she approached the third respondent and conveyed her difficulties, however, there was no response. Since the first round of State quota 5/8

counselling was nearing, she filed the writ petition in W.P.No.24360 of 2024 seeking direction to the respondents to extend the time limit for the application process and pursuant to the order of this Court dated 20.08.2024 made in the said writ petition, the impugned letter was issued.

8.Perusal of the impugned letter reveals that the third respondent had received 43063 applications for UG Medical admission from 01.08.2024 to 09.08.2024 and that it has been clearly stated in the prospectus that if the candidates have any difficulty in filling up the online application forms they can approach the facilitation centres at any one of the nearest Government Medical Colleges / Tamil Nadu Government Dental Colleges and the Tamil Nadu facilitation centres in each district where there are no medical colleges and utilize the facilities to access and apply online. It further reveals that merit list was published on 19.08.2024. The choice locking for the first round of counselling commenced on 21.08.2024 and ended on 27.08.2024. 9.The first round of counselling itself ended on 27.08.2024 and after a lapse of nearly one month it is not feasible to grant the relief sought for by the petitioner.

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10.The writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

26.09.2024 pri Note: Issue order copy on 30.09.2024.

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The State of Tamil Nadu Represented by its Principal Secretary Health and Family Welfare Department Secretariat, Chennai - 600 009.

2.Directorate of Medical Education and Research Represented by the Director of Medical Education Kilpauk, Chennai - 600 010.

3.Selection Committee Represented by its Secretary/ Additional Director of Medical Education and Research Directorate of Medical Education and Research 162, Periyar E.V.R.High Road, Kilpauk, Chennai - 600 010.

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M.DHANDAPANI,J.

pri And W.M.P.No.28712 of 2024 26.09.2024 8/8