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2021 Supreme(Mad) 110
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. Parthiban, J.
S. Gowsalya – Petitioner
Versus
The State of Tamil Nadu, Secretary to Government, Health and Family Welfare Department, Chennai & Others – Respondents
W.P.(MD) No. 18184 of 2020 & W.M.P.(MD) No. 15165 of 2020
Decided On : 27-01-2021
Advocate Appeared:
For the Petitioner:T.R. Subramanian, Advocate.
For the Respondent:Sricharan Rangarajan, Additional Advocate General assisted by K.P. Krishnadoss, Special Government Pleader.
Deserving students should not be denied the benefits of government policies due to procedural issues and should be allowed to enjoy the outcome based on their performance and ranking.
Headnote:
Writ Petition - Medical Seat Allotment - G.O.Ms.No.438, Health and Family Welfare Department, dated 29.10.2020 - The court directed the authorities to declare the selection and admission of the petitioner to a medical course in Government Erode Medical College and Hospital as not provisional and to issue necessary clarification/order in this regard forthwith.
Fact of the Case:
The petitioner, a student from a remote rural area, missed the first phase of counselling due to lack of communication and was allowed to participate in the second phase. She was eventually allotted a medical seat in Government Erode Medical College and Hospital. However, the allotment was withheld pending the decision of the court.
Finding of the Court:
The court found that the petitioner, despite missing the first phase of counselling, was eligible for the medical seat based on her performance and ranking. The court emphasized the importance of allowing deserving students to benefit from government policies and directed the authorities to declare the admission as not provisional and to allow the petitioner to join the course immediately.
Issues: Missed first phase of counselling, provisional admission pending court decision
Ratio Decidendi: Deserving students should not be denied the benefits of government policies due to procedural issues. Once a student has earned a seat based on performance and ranking, they should be allowed to enjoy the outcome.
Final Decision: The Writ Petition is disposed of with a direction to the authorities to declare the selection and admission of the petitioner as not provisional and to issue necessary clarification/order in this regard forthwith.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent to allot medical seat as per 7.5% Government School Candidates Reservation Quota under Community Rank (BC) – 46 in Rank list in the Academic Year 2020-2021 and to provide Medical seat in the Government Medical College near my native place.)
1. The case of the petitioner is that she hails from a remote rural area. Her parents were not educated and her father is a small time agriculturist. She studied upto 12th standard at the fourth respondent school and has secured 1111 marks out of 1200 marks in the first group. She claims to have studied upto +2 standard in the Government school in her village.
2. She completed her +2 standard in the academic year 2017 and thereafter, she appeared in the NEET examination but she appeared to have not scored enough marks for her to be called for the medical counselling at that time.
3. Subsequently, on 13.09.2020, the petitioner applied once again for the NEET Examination and she having scored 252 marks out of 720 in the examination. The Government has also passed a Government Order announcing of a policy decision of reserving 7.5% quota to the students who studied in Government schools in the State of Tamil Nadu. In view of the policy declaration of providing a reservation for the students who hail from the Government schools, the petitioner's chances of gaining admission to a medical course became brighter and certain.
4. While the matter stood thus, when the counselling was underway for admission to various medical courses, unfortunately, she could not access the communication regarding the counselling date fixed for the petitioner's turn. According to the petitioner, she was assigned general rank 145 and community rank (BC) 46. Despite her eligibility for her selection to the medical seat, due to the lack of communication, she could not attend the counselling which was stated to be held on 18.11.2020. However, she subsequently learnt that the communication sent through e-mail was not seen by her due to the above stated reason. Thereafter, the petitioner appears to have approached the second and third respondents to consider her unfortunate predicament and allow her to participate in the counselling on any other date. As the petitioner's efforts to get her grievance redressed did not evoke any response, the petitioner is before this Court.
5. Notice was ordered. Mr.Sricharan Rangarajan, learned Additional Advocate General appeared on behalf of the respondents assisted by Mr.K.P.Krishnadoss, learned Special Government Pleader.
6. In the last occasion when the matter was taken up for hearing, a Position Note was circulated on behalf of the respondents. The details regarding the marks secured by the petitioner have been admitted in the Position Note. According to the Note, the petitioner did not attend the first phase of the counselling held on 18.11.2020 as she was absent without any intimation. The note also further stated that the petitioner however was permitted to attend the counselling session during the second phase which was held on 04.01.2021. The permission was granted to the petitioner to attend the second phase of the counselling in deference to the interim order passed by this Court in the Writ Petition on 23.12.2020.
7. After the petitioner's participation in the second phase of counselling, in commensurate with her rank coupled with reservation quota as admissible to the petitioner's category and also by applying the latest Government Order viz., G.O.Ms.No.438, Health and Family Welfare Department, dated 29.10.2020 providing 7.5% preferential quota for the students who have studied 6th to 12th standard in Government schools, she was selected and admitted in MBBS course at Government Erode Medical College and Hospital.
8. The matter was adjourned in order to provide opportunity to the counsel appearing for the petitioner to verify from
