ORDER

According to the petitioner, she is a qualified MBBS Doctor and joined the Government Service and still continuing the same. In order to pursue her PG course, she appeared for NEET exam in 2023 and secured 397.2 marks and 5225 rank in the State Quota Merit List and upon her participating in first round of State Counselling for PG course, she was allotted a seat as a service candidate in MS.Opthalmology seat in Velammal Medical College, Madurai and she joined in the said course. Since, she faced a toxic and hostile environment in the abovesaid college and her father was also affected with lung cancer and is on treatment in Trivandrum, she decided to discontinue her PG studies in Madurai and applied for upgradation in the 2nd round of counselling in Tamilnadu Dr.MGR Medical University for the academic year 2023-2024. But she was not allotted any seat in 2nd round of counselling. Therefore, she applied for upgradation in the 3rd round of counselling, however, she did not get allotment. As she came to know that the respondents have permitted ineligible candidates in the 3rd round of counseling, challenging the result of the 3rd round of counselling, she filed W.P.No.31096 of 2023 seeking a direction to the respondents to revise the results of the 3rd round of counseling by removing ineligible candidates from the allotment list.

2. Pending writ petition, she decided to resign her M.S.Opthalmology seat in Velammal Medical College, Madurai due to her mental health and depression. In case of her resignation, she is required to pay discontinuation fee of Rs.15 lakhs and also she has to forfeit the tuition fee and security fee paid by her to the tune of Rs.4,80,000/-. She conveyed her request to allow her to resign Opthalmology seat without penalty and the said seat may be filled under special stray vacancy round. However, the 3rd respondent informed that her resignation will be permitted only with penalty. Hence, the petitioner has filed the writ petition seeking a direction to allow the petitioner to resign from the seat allotted to her in the 1st round of counseling without penalising her and to send her set to the seat matrix for Special Stray Vacancy round.

3. It is the case of the petitioner that vide Notification No.U-

12021/02/2023-MCC, dated 14.11.2023, the Directorate General of Health Services announced that a Special Stray Vacancy Round will be conducted for the State Quota Seats and the AIQ seats. In view of the said notification, the seat allotted to her in the 2nd round of counseling will be sent back to the seat matrix for allotment under Special Stray vacancy, hence there is no loss of seat. When there is no loss of seat, the act of the 3rd respondent insisting upon the petitioner to pay penalty for discontinuation of the course and also to forfeit the security fee and tuition fee paid by the petitioner is arbitrary and unsustainable.

4. Learned counsel for the petitioner submitted that during the pendency of the Writ Petition, this Court, by order dated 21.11.2023, permitted the petitioner to resign from the seat at her own risk and such seat shall be offered as part of the Special Stray Vacancy counseling commencing on 26.11.2023. Pursuant to the said order, the petitioner was allowed to resign from her seat and further, the seat was filled up in a Special Stray Vacancy counseling took place on 26.11.2023 and the very same seat was allotted to one Dr. Mahalakshmi, in service candidate. Subsequently, the petitioner was also posted in Government Primary health Centre, Valayapathy, Karur Health Unit District in the existing vacancy.

5. Further, the petitioner has not obtained any PG seat either in the same quota or in All India Quota subsequently in the State or Central Government. However, the petitioner was forced by the 3rd respondent to pay discontinuation fee as penalty and forfeit security deposit and tuition fee, which is arbitrary and illegal. Thus he prayed for appropriate direction.

6. Learned counsel appeari