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2021 Supreme(Mad) 240
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
For the Petitioner:T.R. Subramanian, Advocate.
For the Respondent:Sricharan Rangarajan, Additional Advocate General assisted by K.P. Krishnadoss, Special Government Pleader.
The court emphasized the importance of allowing deserving students to benefit from public policy provisions and directed the authorities to ensure that the petitioner's admission to the medical course was not provisional and to allow her to join the course immediately.
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. The petitioner was allowed to join the course immediately on the next working day at the allocated college.
Fact of the Case:
The petitioner, a student from a remote rural area, sought a Writ of Mandamus to direct the authorities to allot a medical seat as per the 7.5% Government School Candidates Reservation Quota under Community Rank (BC) – 46. She missed the first phase of counselling due to lack of communication and was only allowed to participate in the second phase after the court's intervention. She was subsequently selected and admitted to the MBBS course at Government Erode Medical College and Hospital.
Finding of the Court:
The court found that the petitioner, despite missing the first phase of counselling, was eligible for a medical seat as per the latest Government Order providing 7.5% preferential quota for students who studied in Government schools. The court emphasized that the petitioner should be allowed to enjoy the fruits of her performance and ranking, and the policy benefits should not be denied to a deserving student like her.
Issues: The main issue was whether the petitioner, who missed the first phase of counselling, should be allowed to participate in the second phase and be considered for a medical seat under the 7.5% preferential quota for students who studied in Government schools.
Ratio Decidendi: The court held that the petitioner, having earned the seat on the basis of her performance and ranking, must be allowed to enjoy the outcome in the selection. The court emphasized the importance of liberal and equitable dispositions in the realm of a beneficial public policy, and directed the authorities to declare the selection and admission of the petitioner as not provisional and to allow her to join the course immediately.
Final Decision: The Writ Petition was disposed of with a direction to 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. The petitioner was allowed to join the course immediately on the next working day at the allocated college.
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
