O R D E R

The prayer sought for herein is for a Writ of Certiorarified Mandamus Calling for the records on the file of the 3rd Respondent in connection with his Notification dated 30.10.2022 and quash the same and direct the respondents to issue a fresh order of allotment to the petitioner as per the option exercised by her after retaining the unfilled seats meant for service candidates that became available after the first round counseling by conversion to General candidates for the Second round of on-line counseling for admission to MDS Course for 2022- 2023 session in Government Dental Colleges and Government Seats in Self Financing Dental Colleges in the State of Tamil Nadu.

2. The petitioner applied for admission in PG Dental Course ie., MDS for the academic year 2022-23. There were 31 seats available in the Government Colleges as Government quota. This has been earmarked as follows, 15 seats –

service candidates and 16 seats – non-service candidates.

3. The petitioner is a non-service candidate. Accordingly, the first round of counseling was conducted, where the petitioner, though participated, could not secure a seat due to her ranking. The second round of counseling commenced on 27.10.2022. In the meanwhile, the National Medical Commission (NMC) has reduced the minimum percentile ie., the eligibility criteria for admission into P.G. Dental Course ie., MDS. The NMC also, by their communication dated 19.10.2022, directed the State Selection Committees for enabling to exercise such choice by the new applicants who made applications pursuant to the reduction of the minimum percentile in the mop-up round counseling of PG-2022 which would be conducted as per the schedule published in the NMC website.

4. In the first round of counseling, out of 31 seats, all the 16 seats earmarked for non-service candidates were opted for by eligible candidates. However, out of the 15 seats earmarked for service candidates, only one seat was opted by a candidate and the remaining 14 seats in the said category became unfilled. Therefore, as per the procedure in vogue, the remaining 14 seats along with the seats if any left by non-service candidates, who opted the seats and not joined, need to be put together and to fill up those seats only the second round of counseling should have been conducted, which in fact started on 27.10.2022.

5. In the meanwhile, on 19.10.2022 the NMC as stated supra since has issued a communication by reducing the minimum percentile under which some more candidates would become eligible to make application, the Selection Committee has issued a fresh notification on 28.10.2022 inviting applications from eligible candidates as per the reduced minimum percentile of marks. Accordingly, new applications have come. These new applicants would be permitted to participate only in the mop-up counseling as per the directive issued by the NMC.

6. It is in this context the grievance of the petitioner that, though she participated in the first round of counseling as non-service candidate, she could not secure a seat and therefore she participated in the second round of counseling, where she was able to secure a seat. Though she wanted to opt for a seat in Government college, as per her ranking she was able to get a seat only in the Government quota in the self-financing college.

7. Now, in view of the mop-up counseling, where also the 14 seats unfilled under the service candidates going to be added wherein if at all the petitioner is permitted to participate in the mop-up counseling, if any seat falls vacant the petitioner may get a chance to opt the same, under which the petitioner may have a bright chance to get a seat in a Government Dental College under Government quota.

8. However, under Clause 23(a) and (b) of the Prospectus under the heading “Round-2 counseling” the following is stated.

“ 23 (a) Second round of ONLINE counseling will be conducted for the vacancies arising due to not joined seats in State quota and/or newly sanctioned