IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.BHAVANI SUBBAROYAN, J.
Dr.Joseph George Tharion – Appellant
Vs.
The State of Tamil Nadu – Respondent
W.P.No.12965 of 2018 and W.M.P.No.15216 of 2018
Decided on : 25-05-2018
Writ Petition - Admission to Post Graduate Degree Courses - NEET PG 2018 - Tamil Nadu Government Colleges - Self Financing Medical Colleges - Eligibility Criteria - Practical Examination - Last Date for Application - Dismissal of Writ Petition
Fact of the Case:
The petitioner sought a Writ of Mandamus to be included in the Provisional Rank List for admission to Post Graduate Degree Courses under Management Quota 2018-2019 Session based on NEET PG 2018 marks. The petitioner had completed a P.G. diploma Course in Anesthesia and appeared for NEET PG 2018, securing 545 marks and ranking 15347. The petitioner contended eligibility based on prospectus distinctions between Government and self-financing colleges, practical examination completion, and application submission timing.
Finding of the Court:
The Court found that the petitioner had not completed the practical examination and was considered as undergoing the PG Diploma Course, rendering the petitioner ineligible for admission. The Court also noted the petitioner's delayed filing of the Writ Petition and dismissed the plea.
Issues: Eligibility for admission to Post Graduate Degree Courses under Management Quota based on NEET PG 2018 marks, interpretation of prospectus distinctions between Government and self-financing colleges, completion of practical examination, and timing of application submission.
Ratio Decidendi: The Court held that the petitioner, not having completed the practical examination, was considered as undergoing the PG Diploma Course and thus ineligible for admission. The Court also emphasized the importance of timely action, noting the petitioner's delayed filing of the Writ Petition.
Final Decision: The Writ Petition was dismissed, and no costs were awarded. The connected Miscellaneous Petition was closed.
This Writ petition is filed praying to issue a Writ of Mandamus directing the respondents to allow the petitioner (Roll No.1805022730) to participate in the selection for admission to Post Graduate Degree Courses under Management Quota 2018-2019 Session by including his name in the Provisional Rank List based on National Eligibility Entrance Test Post Graduate 2018 (NEET PG 2018) marks secured by the petitioner and consequently, permit the petitioner to get admission in Post Graduate Degree course in Self Financing Private Colleges in Management Quota 2018-2019 sessions based on merit.
2. The learned counsel for the petitioner vehemently contended that the petitioner had joined two years P.G. diploma Course in Anesthesia at CMC, Vellore and completed the same in the year 2017-2018 and appeared all the theory examinations and the practical examination is getting over by 26.05.2018. As such he has appeared for the NEET Examination conducted by the National Board of Examination and secured 545 marks out of 1200 and placed 15347 rank, and the cut of scores for General (50th percentile) is 321 and therefore, the petitioner becomes eligible for getting admission to P.G. Degree Course for the year 2018-19 in self financing management quota.
3. The learned counsel for the petitioner brought to the knowledge of this Court that there are different categories specified in the prospectus issued for admission to the Tamil Nadu Government Colleges and Government Seats in Self Financing Medical Colleges affiliated to Tamil Nadu Dr.MGR Medical University and Raja Muthaiah Medical College affiliated to Annamalai University and also in the prospectus issued for admission under Management Quota of Self Financing Medical Colleges in Tamil Nadu. As far as the above colleges, under clause III of the prospectus, the candidates who are not eligible to apply is stated, which is extracted hereunder:-
“III. NOT ELIGIBLE
6.(a) Candidates who join a Post Graduate Degree/Diploma Courses in any branch and discontinue the course on any grounds after the cutoff date fixed by the Medical Council of India are not eligible to apply for two subsequent academic years.
(b) The candidates who take an allotment for PG Degree/Diploma Courses in any branch in the final phase counselling and does not joint the course are not eligible to apply for two subsequent academic years.
7.(a) Candidates who are undergoing a Post Graduate Degree/PG Diploma/DNB Courses are not eligible to apply for any Post Graduate Degree/Diploma Courses.
(b) Candidates who are completing a Diploma Course (including All India Quota) are not eligible in the same academic year to apply for any Post Graduate Degree Courses.
8.(a) Candidates who have completed a Post Graduate Degree/DNB/Equivalent or the candidates who possess a Post-Graduate Degree/DNB/Equivalent are not eligible to apply for admission to any other Post Graduate Degree/Diploma Course except for D.P.H. Course as detailed in clause 10.
(b) A candidate who is a diploma holder is not eligible to apply for another diploma course, but can apply for any Post Graduate Course and D.P.H. Course as detailed in clause 10.
4. The learned counsel for the petitioner also pointed out clause-III (8) of the prospectus for admission in the self financing medical colleges in Tamil Nadu, which reads as under :-
“III. NOT ELIGIBLE
8. Candidates who are undergoing a Post Graduate Degree/PG Diploma/DNB Courses are not eligible to apply for any Post Graduate Degree/Diploma Courses.
5. The learned counsel for the petitioner would vehemently contended that clause-7(b) which is found in the prospectus for Government Colleges, is not found in the prospectus issued for self financing colleges. That apart, the learned counsel also contended that clause-7(b) of the prospectus for the Government Colleges, clearly states that the candidates, who are completing the diploma course are not eligible to apply for any PG Course, but in the prospectus of the self-financing colleg
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