Abirami B. v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE B.Abirami ... Petitioner /Vs./ 1.The Principal Secretary to Government, Department of Health and Family Welfare, Fort St.George, Chennai-9.
2.The Director of Medical Education, O/o.the Directorate of Medical Education, 3.The Selection Committee, Rep.by its The Secretary / Additional Director, Directorate of Medical Education, ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents Nos.2 and 3 to permit the petitioner to participate in the Certificate Verification in medical counselling for admission into MBBS / BDS Course 2021-2022 and admit the petitioner in the MBBS Course within the time period stipulated by this Court. For Petitioner :
Mr.Mahaboob Fazil For Mr.T.Lajapathi Roy For Respondents :
Mr.G.V.Vairam Santhosh Additional Government Pleader.
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the Respondents Nos.2 and 3 to permit the petitioner to participate in the Certificate Verification in Medical Counselling for admission in MBBS / BDS Course, 2021-2022 and admit the petitioner in the MBBS Course within a stipulated time to be fixed by this Court.
2.The learned counsel for the petitioner, at the outset would submit that though the petitioner has sought for a positive direction, the petitioner is satisfied, if her representation dated 09.02.2022 requesting for admission in the MBBS/BDS Course for the year 2021-22 is considered on merits and in accordance with law. The said statement is recorded.
1/3
3.According to the petitioner, she has secured 96% in the NEET examination and she is eligible to get admitted into the MBBS/BDS Course for the year 2021-22. According to her, the students having got lesser marks have been permitted for certificate verification, but the petitioner's case has not been considered. She has given a representation on 09.02.2022 requesting the respondents to give her an admission in MBBS/BDS Course for the year 2021-22. Admittedly, the said representation has not been considered till date. 4.No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law. Accordingly, this Court directs the third respondent to consider the petitioner's representation dated 09.02.
2022 requesting the third respondent to permit her to participate in certificate verification in Medical Counselling for admission in MBBS/BDS Course for the year 2021-22 and admit the petitioner in MBBS Course and pass final orders on merits and in accordance with law, within a period of one (1) week from the date of receipt of a copy of this order.
5.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 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 to Government, Department of Health and Family Welfare, Fort St.George, Chennai-9.
2.The Director of Medical Education, O/o.the Directorate of Medical Education, 2/3
3.The The Secretary / Additional Director, Selection Committee, Directorate of Medical Education, +1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-6981[F] dated 18/02/2022) +1 CC to M/s.SPL GP ( SR-7084[F] dated 18/02/2022 ) 17.02.2022 AP(26.02.2022) 3P 6C 3/3