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2009 Supreme(Mad) 1584
MADRAS HIGH COURT
S. Manikumar, J.
R. Aswathy, Minor rep. by her father and guardian, B. Raghuvaran Nair
Versus
Secretary, Government of Tamil Nadu, Department of Medical Education, Chennai and Others
W.P. (MD) No. 8621 and 8622 of 2008 and M.P. (MD) No. 1 of 2008
Decided on : 28th May, 2009.
K.N. Thambi, for Appellant
K. Balasubramaniam, Additional Government Pleader, for Respondent
The central legal point established in the judgment is that language-based admission conditions that violate fundamental rights under the Constitution of India are unconstitutional and impermissible.
Headnote:
LANGUAGE - ADMISSION TO MEDICAL COURSES - Article 29(2) of the Constitution of India - 12-A of the Tamil Nadu State and Subordinate Service Rules - AIR 1951 SC 226 - AIR 1954 SC 561 - AIR 1951 SC 1762 - AIR 1963 SC 649 - AIR 1989 SC 903
Fact of the Case:
The petitioner sought a declaration that the condition requiring Tamil as the first language for admission to a medical course was illegal and unconstitutional. The petitioner, a native of Tamil Nadu, had passed the qualifying examination but was denied admission due to not having taken Tamil as the first language.
Finding of the Court:
The court found that the condition violated Article 14 and Article 29(2) of the Constitution of India, as it imposed unreasonable restrictions on admission based on language. The court also noted that the condition amounted to 100% reservation, which was impermissible.
Issues: The issues involved the legality of the language-based admission condition and its compliance with constitutional provisions.
Ratio Decidendi: The court held that the language-based admission condition violated the fundamental rights of equality and non-discrimination under the Constitution of India.
Final Decision: The court struck down the language-based admission condition and directed the respondents to admit the petitioner to the medical course.
The petitioner has sought for a declaration that Paragraph 4-3(3) of the Admission to Para-medical Courses (Para-Medical Certificate Courses/Diploma in Medical Laboratory) 2008-09, published by the second respondent, insofar as, it imposes a condition that the candidate should have been taken Tamil as First Language for admission to the said course, as illegal or ultra vires of the Constitution of India and for a Writ of Mandamus, directing the respondents to admit her to the Diploma in Medical Laboratory Technology Course (Two years course) in the third respondent's Kanyakumari Government Medical College, Asaripallam, Kanyakumari District to be commenced in 2008-09.
2. As issues involved in both the Writ Petitions are common, they are taken up together and disposed of by a common order.
3. The petitioner is a native of Tamil Nadu. She has passed +2 examination conducted by the State Board in Tamil Nadu, March 2008. She has secured 73.6% in the core subjects, viz., Maths, Physics, Chemistry and Biology. On 28.7.2008, she applied for admission to Diploma in Medical Laboratory course (two years course conducted by the State of Tamil Nadu, Department of Medical Education, Tamil Nadu). The cut off marks for selection to the above said course for 2008-09 for candidates belonging to OC, to which, the petitioner belongs, is 122. Whereas, the petitioner has secured 139 marks and hence, she is eligible for admission. But she was not called for counseling. The reason for not calling for counseling is that the petitioner had not taken Tamil as First Language in her School Education, as per Paragraph 4.3 of the prospectus for Admission to Para Medical Courses (Para Medical Certificate Course/Diploma in Medical Laboratory Course) 2008-09 published by the second respondent. Inspite of her request, dated 17.9.2008, the respondents have refused to call the petitioner for counselling. Left with no other option, the petitioner has preferred the present Writ Petition for the relief as stated supra.
4. The Director of Medical Education, Chennai, second respondent herein in his counter affidavit, has submitted that one of the eligibility criteria, as prescribed in Clause 4(3) of the Para-Medical course, 2008-09 issued by the Government of Tamil Nadu, is as follows:
"4(3) Diploma in Medical Laboratory Technology Course - (Two years course)
OC, BC, BC Christians, BC Muslims and MBC candidates who have passed +2 Higher Secondary Certificate (Academic/Vocational) Examination conducted by the Tamil Nadu Higher Secondary State Board or Equivalent Board with the following group of subjects with aggregate marks of 45% in the Science subjects are eligible to apply SC/ST candidates are eligible to apply with mere pass in the H.S.C Examination.
a. Physics, Chemistry, Botany and Zoology (or)
b. Physics, Chemistry, Biology with any other subject (or)
c. Vocational Medical Laboratory Technician Course.
3. Candidates should have taken Tamil as First Language and English as Second Language."
5. According to the second respondent, only candidates who have taken Tamil as First Language alone are eligible to apply for DMLT course, whereas, the petitioner has taken Malayalam as first language in Higher Secondary Course, conducted by the Board of Higher Secondary Education, Chennai-6, during March 2008. Based on the prospectus, the application of the petitioner has been summarily rejected and her parent was also informed in person. He has further submitted that the instructions contained in the prospectus have been strictly followed and therefore, the petitioner has no legal right to claim admission for the said course.
6. The Dean, Kanyakumari Medical College, Kanyakumari, third respondent herein in his counter affidavit has adopted the stand of the second respondent. The third respondent has further submitted that since Tamil language is necessary for persons to work in rural areas in the State of Tamil Nadu, the condition imposed in the prospectus cannot be termed as unc
