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High Court of Judicature at Madras
K. CHANDRU
Dr. T. Amirthamani Ganesh
Versus
Director, Directorate of Medical Education & Others
W.P.No.16641 of 2012 & M.P.Nos.1 to 3 of 2012
Decided on : 20-07-2012
COUNSELING PROCEDURE - Admission - PG Degree / Diploma / 6 year M.Ch. (Neurosurgery) / MDS courses - [Clause 43] - [Mridhul Dhar Vs. Union of India (2005) 2 SCC 65], [Raj Kumar and others Vs. Shakti Raj and others (1997) 9 SCC 527], [K.A. Nagamani v. Indian Airlines (2009) 5 SCC 515], [Arvind Kumar Kankane v. State of U.P. (2001) 8 SCC 355] - The court discussed the impugned Clause 43 of the prospectus, the cut-off date for admission, and relevant judgments to conclude that the petitioner's challenge to the counseling procedure was not tenable, and the writ petition was dismissed.
Fact of the Case:
The petitioner challenged Clause No.43 of the prospectus for admission into Post Graduate Degree / Diploma courses M.D.S / 6 year M.Ch. (Neuro-surgery) courses and the consequential notification of the first respondent issued for Tamil Nadu Post Graduate Degree / Diploma / 6 year M.Ch. Neuro-surgery / MDS admissions 2012-2013 session II phase of counselling, which prohibited candidates from participating in the second phase of counseling and opting for change of specialty.
Finding of the Court:
The court found that the petitioner's challenge to the counseling procedure was not tenable, as per the impugned Clause 43 of the prospectus and relevant judgments. The court dismissed the writ petition.
Issues: Challenge to Clause No.43 of the prospectus, eligibility for second phase of counseling, and change of specialty.
Ratio Decidendi: The court relied on the impugned Clause 43 of the prospectus, the cut-off date for admission, and relevant judgments to conclude that the petitioner's challenge to the counseling procedure was not tenable.
Final Decision: The writ petition was dismissed. No costs were awarded, and connected miscellaneous petitions were closed.
1. This writ petition is filed by the petitioner seeking to challenge Clause No.43 of the prospectus issued for the year 2012-2013 for admission into the Post Graduate Degree / Diploma courses M.D.S / 6 year M.Ch. (Neuro-surgery) courses and the consequential notification of the first respondent issued for Tamil Nadu Post Graduate Degree / Diploma / 6 year M.Ch. Neuro-surgery / MDS admissions 2012-2013 session II phase of counselling on 28.06.2012 and 29.6.2012 and quash the same insofar as it prohibits the candidates who obtained admission in the first phase of counseling from participating in the second phase of counseling and opting for change of speciality and for consequential direction to respondents 1 and 2 to permit the petitioner to participate in the second phase of counseling for admission into Post Graduate Degree / Diploma courses and permit him to choose any post graduate course including MD-Psychiatry medicine course found available on the commencement of second phase of counseling as per his merit in the rank list and pass such further orders.
2. When the matter came up on 29.06.2012, this court ordered notice on admission and directed the learned Special Government Pleader to get instructions from the respondents. The respondents filed a counter affidavit dated 4.7.2012.
3. The impugned Clause 43 as per the prospectus reads as follows :
"COUNSELLING PROCEDURE :
43.a) Admission to PG Degree / Diploma / 6 year M.Ch. (Neurosurgery) / MDS courses, shall be made by counselling on the basis of merit applying the rule of reservation wherever applicable.
(b) Candidates will be called for counselling according to their ranks in batches.
(c) Candidates can choose any one of the branches or colleges available at the time of counselling.
(d) If a candidate wants to be waitlisted, he/she can opt to remain in the waiting list for any one particular discipline only.
(e) Candidates can remain on the "Wait List" only for courses and not for colleges.
(f) If a candidate chooses to be in the waiting list for a particular Degree Course in a Speciality he/ she will not be given a firm seat in any other degree course.
(g) If a candidate gets an allotment in a Diploma of a particular Speciality at the time of counselling, he will be wait listed for the Degree Course in the same Speciality for filling up of any consequential vacancy that may arise later and will be allotted based on merit & community (i.e.) If a candidate is allotted DGO his / her option for MD(OG) will be maintained in Degree (OG) wait list.
(h) A candidate who is allotted a PG Degree Course cannot remain in the "Wait List" for any other discipline.
(i) Option once given during the counselling cannot be changed later.
(j) Reallotment from one college to another college is permitted during counselling only.
(k) Request for transfer from one college / course will not be allowed strictly after the cut off date as per the MCI norms.
(l) Candidates selected for admission should give a declaration in the form given at the time of Counselling that he / she is liable for forfeiture of selection / admission if suppression of facts are found at any time during or after the admission to the course. The selection / admission shall be liable for cancellation based on the declaration at any time during or after the admission to the course. Further he/ she will not be allowed to apply for the Post Graduate Courses for Two Years."
4. It is seen that the counseling for Post Graduate course was conducted from 14.5.2012 to 21.5.2012 for Government Medical Colleges. At the time of first phase of counseling, the petitioner had opted for DCH course in Stanley Medical College. As per the procedure, if a candidate has opted for a seat in a particular speciality, he is not eligible to attend further counseling unless and otherwise a vacancy arises in the same speciality i.e., in the M.D. Course. The petitioner had opted for DCH in the first phase of counseling on 16.5
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