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2010 Supreme(Mad) 1250
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR
Dr. N. Sivakumar
Versus
The Secretary, Selection Committee, Directorate of Medical Education, Chennai & Another
W.P. No. 3377 of 2010 & M.P.NO. 1 OF 2009
Decided On : 25-03-2010
For the Petitioner:Selva Thirumurugan, Advocate.
For the Respondent:E. Ranganayaki, Government Advocate.
The main legal point established is the binding nature of the prospectus and instructions to candidates, leading to debarment for non-joining as per the prospectus clause.
Headnote:
Mandamus - Admission to Post Graduate Courses - Tamil Nadu State and Subordinate Services Rules - Prospectus for admission to Post Graduate Degree/Diploma/5 year M.C.(Neuro Surgery) courses - Debarment for non-joining - Interpretation of prospectus and binding nature of instructions to candidates - Dismissal of writ petition
Fact of the Case:
The petitioner sought a writ of Mandamus to direct the respondents to entertain the application for admission to Post Graduate courses and permit participation in the competitive examination. The petitioner, a medical officer, applied for admission as a service candidate, was allotted a P.G. Diploma Seat, but did not join due to personal and family problems. The respondents opposed the petition, citing the prospectus clause debarment for non-joining.
Finding of the Court:
The court found that the petitioner's non-joining resulted in the seat remaining vacant, and the prospectus clause debarred the petitioner from appearing for the PG degree/diploma course Entrance Examination for two years. The court dismissed the writ petition based on the binding nature of the prospectus and the petitioner's non-eligibility.
Issues: The issues involved the petitioner's non-joining of the allotted seat, the interpretation of the prospectus clause, and the binding nature of instructions to candidates.
Ratio Decidendi: The court held that the prospectus is binding on the candidates, and non-joining resulted in debarment as per the prospectus clause. The court emphasized the binding nature of instructions to candidates and the principle of estoppel.
Final Decision: The court dismissed the writ petition, ruling that the petitioner was not eligible to write PG Degree/Diploma entrance examination for the subsequent two years, based on the prospectus clause and the binding nature of the instructions to candidates.
The prayer in the writ petition is to issue a writ of Mandamus directing the respondents to entertain the application No.1446 for admission to Post Graduate degree/Diploma/5 year M.C.(Neuro Surgery) courses in Government/Self Financing Medical Colleges in the State of Tamil Nadu for the Academic Session 2010-11 sent on 27.01.2010 by the petitioner, acknowledged by the first respondent vide AR. No. 5489.
2. The petitioner also prayed for an interim direction directing the respondents to permit the petitioner to take part in the competitive examination to be held on 21.02.2010 (Sunday) for selection to Post Graduate course.
3. This Court, by interim order dated 19.02.2010, granted permission to the petitioner to write the competitive examination, subject to the result of the writ petition by specifically stating that the petitioner shall not claim any equity later only on the basis of permission granted by this Court to write the examination and the respondent shall not publish the result of the petitioner, until further orders from this Court.
4. The case of the petitioner is that after passing M.B.B.S degree he joined as Assistant Surgeon on contract basis on 13. 2005 and he was treated as Assistant Surgeon appointed under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Services Rules. Thereafter, in the year 2007, a special examination was conducted by TNPSC for regular selection and the petitioner was selected and now he is working as Medical Officer in Panagudi Primary Health Centre, Tirunelveli District.
5. During the academic year 2009-2010, the respondents called for applications from candidates aspiring admission for Post Graduate Courses. The petitioner applied for admission as a service candidate. The petitioner has come out successfully and the counseling was held for admission/allotment of seats on 18.06.2009 and he was allotted a P.G. Diploma Seat called D.P.M. in Madras Medical College. According to the petitioner, due to personal and family problem which the petitioner faced at that time, he could not join the course at Madras Medical College. Petitioner claims that within two hours from the time of intimation given to the petitioner, he informed his willingness to surrender the seat and informed the selection committee and therefore he did not join the course and returned to Tirunelveli.
6. On 26. 2009, the petitioners name was found in the select list, which was seen through Internet and also about the allotment of seat. According to the petitioner, after knowing the same, on 22.06.2009, he sent a letter by Fax to the first respondent followed with another letter on 03.07.2009 by Registered Post. However, the petitioner received a memo on 211. 2009 calling for explanation for not joining the P.G. Diploma Course, D.P.M. (Diploma in Psychological Medicine) which was allotted on 16. 2009 II phase of counselling. The petitioner was also informed that under Clause-6 of the Prospectus issued for the year 2010-11 for admission to the Post Graduate Degree/Diploma Courses, the candidates who have taken allotment for Post Graduate Degree/Diploma/ 5 year M.Ch (Neuro Surgery)/M.D.S. Courses in any branch and not joined the course, are not eligible to apply for two years from the date of appearance for the Entrance Examination (i.e. debarred for two years for appearance in the subsequent Entrance Examination).The petitioner was directed to submit his explanation and the petitioner submitted his explanation on 12. 2009 enclosing the fax messages dated 26. 2009 and registered letter dated 7. 2009 through proper channel i.e. through the Deputy Director of Health Services, Tirunelveli and no reply is received from the respondents till date.
7. The second respondent called for applications for admission to post Graduate degree/diploma/5 year M.Ch (Neuro Surgery) and M.D.S. Courses for the year 2010-2011 and the last date for submission of the application was fixed as 01.02.2010. The petitioner also applied
