Madras High CourtWP(MD)/375/2021disposed of

Kishore Kumaar v. The State Of Tamil Nadu

2021-01-08Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.375 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.375 of 2021 and W.M.P.(MD)Nos.299 and 301 of 2021 Kishore Kumaar ... Petitioner -Vs1.The State of Tamil Nadu Through its Principal Secretary, (Department of Health, Medical Education & Family Welfare), Chief Secretariat, St.George Fort, Chennai - 09. 2.The Secretary, Selection Committee, Directorate of Medical Education, MBBS/BDS Admission (2020-2021 Session), 162, Periyar E.V.R. High Road, Kilpauk, Chennai - 10.

3.The Vice Chancellor, Tamilnadu Dr.M.G.R. Medical University, No.69, Annasalai, Guindy, Chennai - 32.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to allot the MBBS/BDS seat and issue the admission card to the petitioner for joining 1st year MBBS/BDS course during the Academic year 2020-2021 under the 7.5% quota as per the Tamil Nadu Admission to undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to students of Government Schools Act, 2020 with 1st respondent sponsorship for fees payment. For Petitioner : Mr.Samy.K.K For Respondents : Mr.Sricheran Rangarajan, Additional Advocate General, Assisted by Mr.C.Ramesh, Special Government Pleader

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents. 2.The petitioner was qualified to be allotted a seat for MBBS/BDS under self financing category. This offer was made to the petitioner on 18.11.2020. Since the petitioner did not have wherewithal to take the said offer, he declined. Thereafter, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.375 of 2021 Government came up with a sponsorship scheme. The petitioner once again moved the authorities and an offer for allotment for BDS seat under self financing category was made. But then, the petitioner declined the said offer on 04.01.2021. Therefore, the seat had been allotted to some other candidate. As on date, no seats under self financing category for BDS seat is available. However, if any vacancy arises in the immediate future, based on the representation to be made by the petitioner, the same would be considered on merits and in accordance with law.

3.Recording the submissions made by the learned Additional Advocate General, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) ias Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Principal Secretary, The State of Tamil Nadu (Department of Health, Medical Education & Family Welfare), Chief Secretariat, St.George Fort, Chennai - 09. 2.The Secretary, Selection Committee, Directorate of Medical Education, MBBS/BDS Admission (2020-2021 Session), 162, Periyar E.V.R. High Road, Kilpauk, Chennai - 10. 3.The Vice Chancellor, Tamilnadu Dr.M.G.R. Medical University, No.69, Annasalai, Guindy, Chennai - 32.

+1 CC to M/s.SPL GP ( SR-965[F] dated 18/01/2021 ) W.P.(MD)No.375 of 2021 08.01.2021 SV2(CO) KB(04.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2