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2011 Supreme(Mad) 93

M.Y.EQBAL, T.S.SIVAGNANAM
Minor S. Kiruthika – Appellant
Versus
The State of Tamil Nadu rep. by the Secretary to Government Health & Family Welfare Department Secretariat, Chennai – Respondent


Advocates Appeared:
For the Petitioner:R. Singaravelan, Advocate.
For the Respondents:R1 & R2 - G. Sankaran, Spl. G.P. (Edn.), R3 - V.P. Raman, R4 - G. Masilamani, SC for T. Meikandan, R6 - K.R. Ramesh Kumar, R7 - M.A. Mohamed Ali, Advocates.

JUDGMENT :-

T.S. SIVAGNANAM, J. - 1. This case is a classic example of how a Private Medical College like the fourth respondent, Sri Muthukumaran Medical College herein, deprived a genuine candidate in getting admission for unlawful gain.

2. The appellant, a girl, belonging to a backward community, secured 1137 marks out of 1200 marks in the Plus Two (+2) examination conducted in March, 2010. Initially, she was selected for BDS Course in the 5th respondent-Ragas Dental College, where she joined. However, on extension of second counseling, the appellant appeared on the date fixed i.e., 26.9.2010, and she was re-allotted a seat of MBBS course in the 4th respondent college namely, Sri Muthukumaran Medical College at Mangadu. Immediately, on 27.9.2010, the appellant went to the 5th respondent college to collect her original certificates and transfer certificate, which were given to her on the same day. The appellant’s case is that on 28.9.2010, she along with her father approached the 4th respondent-college for admission to MBBS course and they were asked to pay a sum of Rs.4 lakhs and Rs.2.19 lakhs towards fee and other charges. In order to arrange for money, the appellant and her fathe





















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