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Madras High CourtWP(MD)/379/2021disposed of

Nagarajan v. The State Of Tamilnadu

2021-01-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.304 and 311 of 2020 Nagarajan ... 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 care to the petitioner's son 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.Sricharan 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. 1/3

2.The writ petitioner's son namely, Bharathi studied in a Government School. He was qualified for being allotted the MBBS/BDS seat under the self financing category. This offer was made to the petitioner's son on 18.11.2020. Since the petitioner's son did not have the wherewithal to take the said offer, he declined. Thereafter, the Government announced a sponsorship scheme. Therefore, the petitioner once again moved the authorities and by now, the MBBS seats have already been filled up. The petitioner's son was therefore offered with a BDS seat in Cheetinad Dental College. An allotment order was also issued to this effect. The petitioner's son has to indicate his choice on or before 08.01.2021. The learned Additional Advocate General states that since MBBS seats had already been offered to other candidates, it is not possible to put the clock back.

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 (AD-II) // 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 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.

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

+1 CC to SPL GP ( SR-966[F] dated 18/01/2021 ) 08.01.2021 VB (10.02.2021) 3P 5C 3/3