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2022 Supreme(Mad) 1125
IN THE HIGH COURT OF MADRAS
R. Suresh Kumar, J.
Dr. Greeshma Gopal and Ors. - Petitioners
Versus
The Selection Committee Rep. by its Secretary Additional Director of Medical Education Directorate of Medical Education and Ors. - Respondents
W.P.No.27151 of 2022 and W.M.P.Nos.26366, 26368 and 26370 of 2022
Decided On : 14-11-2022
For the Petitioners: Mr. AR. L. Sundaresan for Mr. Abishek Jenasenan.
For the Respondents: Ms. M. Sneha, Mr. A. Sundaravadhanan, Dr.R.Gowri, Mr. A.S. Balaji, Ms. S. Akila, Mr. G. Sankaran, Mr. J. Kather Hussain, Mr. M.Vijaya Mehanath, Mr. T.R.Rajagopalan for Mr. C.V.Vijayakumar.
The court found that the rejection of admission to the candidates was unjustifiable, unlawful, arbitrary, and violative of all principles of natural justice.
Headnote:
Writ Petition - NRI Quota Admissions - 2022-2023 - [The court dismissed the writ petition in respect of P2, P3, P4, P6, and P7. The court ordered that P1 and P5 should be permitted to participate in the mopup counselling for the second round of counselling. The court also gave directions to the first respondent for future admissions.]
ORDER :
[Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in 'Provisional eligible list of NRI candidates for self-financing medical colleges' dated 04.10.2022' and 'Provisional list of candidates allotted under NRI category on 06.10.2022' dated 06.10.2022, quash the same and consequently direct the respondent to include the petitioners in the Provisional eligible list of NRI candidates for self-financing colleges and accordingly include the petitioners in the counselling process for allotment of seats under NRI category.]
1. The prayer sought for herein is for a Writ of Certiorarified Mandamus, calling for the records of the respondent in 'Provisional eligible list of NRI candidates for self-financing medical colleges' dated 04.10.2022' and 'Provisional list of candidates allotted under NRI category on 06.10.2022' dated 06.10.2022, quash the same and consequently direct the respondent to include the petitioners in the Provisional eligible list of NRI candidates for self-financing colleges and accordingly include the petitioners in the counselling process for allotment of seats under NRI category.
2. These petitioners had applied for admission in PG Courses in Medicine under Non-Resident Indian quota (herein after referred to as “NRI quota”) in the Self Financing Medical Colleges in the State of Tamil Nadu for the Academic Year 2022-2023.
3. In this regard, prospectus was issued by the first respondent in the following name, "Prospectus for Admission to Postgraduate Degree/Diploma Courses in Management Quota including NRI of Self Financing Medical Colleges in Tamil Nadu 2022-2023 Session". The said prospectus was issued as per G.O.(D).No.868, Health and Family Welfare (MCA-1) Department, dated 16.08.2022 and as amended from time to time.
4. As per the prospectus, the following are the important dates :
IMPORTANT DATES
| 1 | Date of Notification | 19.08.2022 |
| 2 | Date of Commencement of online application | 19.08.2022 12.00 Noon |
| 3 | Last date of online submission of application | 26.08.2022 upto 05.00 p.m |
| 4 | Last date for receipt of filled-in online application | 29.08.2022 upto 05.00 p.m |
| 5 | Address to which the print out of online application along with enclosures are to be sent | The Secretary, Selection Committee, 162, Periyar E.V.R.High Road, Kilpauk, Chennai – 600 010. |
| 6 | Expected date of declaration of rank | Will be notified later |
| 7 | Tentative Dates for counseling | Will be notified later |
| 8 | Commencement of courses | Will be notified later |
| 9 | Closure of admission | Will be notified later |
5. These petitioners claim that, their parents either Father or Mother are residing in a Foreign country and in that capacity, they are NRI's and in this respect, they obtained NRI certificate from the Indian Embassy of the concerned country where they reside along with the affidavit in the format for declaration, sometime in the month of June, July or August 2022. Accordingly, the petitioners claim that, they made online application on or before 26.08.2022 and filled-in offline application, i.e., physical application on or before 29.08.2022.
6. In Clause II under the heading "Eligibility criteria", clause 3(d) says that the seats under NRI quota should be utilized by the bonafide NRI's only and for their children or wards. Therefore the NRI financially supporting the candidates should either be the parent (Father or Mother) of the candidate or legally declared as a guardian of the candidate by the Court as per provisions in “The Guardians and Wards Act 1890”.
7. The NRI candidates should submit the documents like (i) NRI status of the financial supporter issued by the Indian Embassy of the respective country under their seal, (ii) Certificate of relationship between the NRI fin
