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2005 Supreme(Mad) 749

K.P.SIVASUBRAMANIAM
Vinayaka Mission’s Kirupananda, Variyar Medical College & Others – Appellant
Versus
The Tamil Nadu Dr. MGR Medical University & Others – Respondent


Advocates Appeared:For The Petitioners:Satish Parasaran, M. Venkatachalapathy, Senior Advocate for M. Sriram, R. Krishnamurthy, Senior Advocate M. Suresh Kumar, B. Saraswathi, Advocates. For The Respondents:R1, M. Vellaisamy, R2, A.L. Somayaji, Addl. Advocate General Assisted by S. Venkatesh Special Govt. Pleader & V.R. Karthikeyan, Addl. Government Pleader, R3, No appearance.

Judgment :-

In these batch of writ petitions, the correctness or otherwise of the petitioner institutions having admitted the students for medical courses under the Management Quota requires to be considered.

2. In terms of the Regulations of the Medical Council of India (M.C.I.), eligibility for admission into First Year M.B.B.S. Course is a pass in the +2 examination with specific subjects and obtaining a minimum of 50 marks in Physics, Chemistry and Biology. The State Government, in their orders in G.O.Ms.100, Health and Family Welfare Department dated 14.5.2003, issued directions prescribing higher percentage of marks for eligibility for all the unaided institutions to be followed for admission of students for Academic Year 2003-2004. The Government Order contemplate increase in the minimum marks for eligibility, namely 60% for Open Category and Backward Class, 55% for Most Backward Class and 40% for Scheduled Caste. Admissions which were contrary to the said Government Order as against Management Quota were treated as impermissible and illegal by the State Government and Tamil Nadu Dr. M.G.R. Medical University (hereinafter called the University).

3. W.P.No.21891 of 2004 is file











































































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