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Madras High CourtWP(MD)/2768/2022dismissed

Narpavi .K v. The Selection Committee

2022-02-18Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).Nos.2445 and 2447 of 2022 K.Narpavi ... Petitioner Vs.

The Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondent from giving admission for pursuing the MBBS Course in the colleges situated in Tamil Nadu to the candidate who secured the less marks than the petitioner and secured the BC community rank above the petitioner.

For Petitioner : Mr.K.K.Ramakrishnan For Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

*********** This writ petition has been filed seeking for a Mandamus to forbear the respondent from giving admission for pursuing the MBBS course in the Colleges situated in Tamil Nadu to the candidates who secured less marks than the petitioner and secured BC community rank above the petitioner.

2. According to the petitioner, she belongs to BC category and she secured NEET marks 524 and was holding State rank 3955 and BC community rank 2506. It is her case that the students who secured lesser NEET marks in BC community were allotted seats in the NEET selection. In such circumstances, she has filed this writ petition.

3. A counter-affidavit has been filed by the respondent denying the allegations of the petitioner. According to the respondent, the petitioner has chosen only six Self Financing Medical Colleges for admission. According to the respondent, no student who had secured less than the petitioner's marks in the BC community category was allotted seats in those six Self Financing Medical Colleges which the petitioner had opted for. The details of the seat allotments for six Self Financing Medical Colleges opted by the petitioner are detailed hereunder:

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NAME OF THE COLLEGES NEET Score in BC Category General Rank PSG Institute Medical Sciences, Coimbatore.

Velammal Medical College Hospital, Madurai.

KMCH Institute of Health Sciences and Research, Coimbatore.

Trichy SRM Medical College.

Melmaruvathur Aadhiparasakthi Institute of Medical Science and Research, Melmaruvathur Karpaga Vinayaga Institute of Medical Science, Madhuranthagam.

Therefore, according to the respondent, the allegations of the petitioner are not correct. Since the petitioner had opted only for six Self Financing Medical Colleges, the respondent has rightly rejected the admission to any of those six Self Financing Medical Colleges on the ground that the petitioner's mark is less than the others who are admitted to those Colleges in the BC category.

4. As seen from the admission list of six Self Financing Medical Colleges opted by the petitioner, the marks secured by the successful candidates for those Self Financing Medical Colleges are higher than the marks secured by the petitioner. Since the petitioner has secured NEET marks 524 and her BC Community rank was 2506, whereas, the marks secured by the successful candidates for those six Colleges were much higher, this Court is of the considered view that the respondent has rightly rejected the petitioner's admission.

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5. For the foregoing reasons, this Court does not find any merit in this writ petition and accordingly, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg 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 The Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600 010.

+1 CC to M/s.SPL GP ( SR-7480[F] dated 21/02/2022 ) +1 CC to M/s.K.K.RAMAKRISHNAN, Advocate ( SR-7806[F] dated 22/02/2022 ) ORDER MADE IN 18.02.2022 SS(05.03.2022) 3P 4C 3/3