Summary rejection of an application for not enclosing required documents as per the prospectus should not be arbitrary and should consider the opportunity for rectifying curable defects.

1. This writ petition is filed by the petitioner seeking for a direction to the second respondent to include her name in the merit list so as to enable her to attend the counseling to pursue her M.B.B.S., degree course.

2. The case of the petitioner is that she appeared for the +2 examination (Group-I containing the subjects of Physics, Chemistry, Maths and Biology) held during March 2011 and passed and secured 1108 marks out of 1200 marks. She belongs to Scheduled Caste community. She is the first person in her family to pursue the Graduation course. She obtained application for admission to M.B.B.S., course from the second respondent, at free of cost, by producing her community certificate. For the Scheduled Caste Community, the cut off marks fixed was 188.50 whereas, she secured 189.25 marks and thus, she is entitled to participate in the counseling for M.B.B.S.

3. According to the petitioner, she had submitted the application form in time. While so, when the merit list was published by the second respondent in their website on 22.06.2011, the name of the petitioner was found missing. On enquiry, she was told that her application did not contain the community certificate. Therefore, she requested the respondents to re-check the application form, as she enclosed the same. But all her efforts went in vain. Hence, she rushed to this Court on 23.06.2011 with the present writ petition praying for a direction to the second respondent to include her name in the merit list, so as to enable her to attend the counseling to pursue M.B.B.S. Course.

4. The respondents have filed a counter affidavit dated 29.06.2011 refuting the allegations made by the petitioner. It is stated in the counter that the petitioner has failed to enclose the documents as contemplated under Clause 19 of the prospectus and therefore, her application was rejected on the ground of "no enclosures".

5. Heard the submissions made on either side.

6. The learned Senior Counsel for the petitioner submits that the petitioner enclosed all the relevant documents, as required under clause 19 of the prospectus. Even according to the respondents, the details contained in the O.M.R. Sheet as well as the details contained in her application form tallied, without any discrepancy. When the petitioner affixed her passport size photograph in the application form, besides enclosing self addressed and sufficiently stamped envelopes, she had no reason for not enclosing the documents. The learned Senior Counsel submits that thousands of candidates dropped their applications in the drop box kept in the second respondent's office and the applications are not verified at the time when they were dropped in the drop box. When thousands of applications were taken up together for scrutiny, it is possible that the enclosures could have been misplaced. It is stated that when the petitioner produced the community certificate at the time of obtaining application form itself, there is no reason for not enclosing even the community certificate. Furthermore, the documents that are required under clause 19 of the prospectus are not the original documents and are only attested copies. The crucial details relating to the marks obtained in the +2 examination and other details are provided in the application form as well as in the O.M.R. Sheet. Therefore, the respondents are not justified in rejecting the application outright. Even if the petitioner has not enclosed the attested copies of the documents, she should have been asked to provide the same within a reasonable time before commencing the counseling, so that the defects could be cured by the petitioner. It is stated that in the case of the candidates who appear for the Group-I Services examination conducted by the Tamil Nadu Public Service Commission, all defects are not treated as incurable and certain defects are curable and invalidation was resorted to only in certain cases. If even the candidates appearing in Group - I Services are