Advocates:
['SANKARAN G', 'V KADHIRVELU SPL GP TAKES NOTICE', '', 'V P RAMAN TAKES NOTICE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA

W.P.No.8101 of 2019

W.M.P.No.8690 of 2019

Dr.D.Sumeethra @ Phoornima

.. Petitioner

Vs.

1. The State of Tamil Nadu,

Rep. by its Principal Secretary to Government,

Health and Family Welfare Department,

Secretariat, Fort St.George,

Chennai – 600 009.

2. The Director of Medical Education,

No.162, E.V.R.Periyar High Road,

Kilpauk, Chennai – 600 010.

3. The Additional Director of Medical Education/Secretary,

Selection Committee,

Directorate of Medical Education,

No.162, E.V.R.Periyar High Road,

Kilpauk, Chennai – 600 010.

4. The Regional Administrative Medical Officer,

ESI Scheme, Coimbatore – 5.

5. The Secretary,

Medical Council of India,

Pocket 14, Sector 8,

Dwaraka, New Delhi – 110 077.

.. Respondents

PRAYER: The Writ Petition has been filed under Article 226 of

the Constitution of India, praying to issue a Writ of Mandamus,

to direct the respondents to permit the petitioner to

participate in the selection for admission to Post Graduate

Medical Course based on the Prospectus for admission to Post

Graduation Degree/Diploma courses for 2019-2020 session, by

accepting the application submitted by the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

: Mr. Sankaran G.

For R1, 2 and 4

: Mrs.Narmadha Sampath,

Additional Advocate General

assisted by Mr.V.Kadhirvelu

Special Government Pleader

(Hr.Edu.)

For R3

: Mr.Abdul Saleem

For R5

: Mr.V.P.Raman

- - - - -

O R D E R

The instant Writ Petition has been filed for the

issuance of a Writ of Mandamus, to direct the respondents to

permit the petitioner to participate in the selection for

admission to Post Graduate Medical Course based on the

Prospectus for admission to Post Graduation Degree/Diploma

courses for 2019-2020 session, by accepting the application

submitted by the petitioner.

2. The petitioner is a Doctor, who has completed MBBS

course in the year 2011 and subsequently, appointed to the post

of Assistant Surgeon through Medical Services Recruitment Board

(MRB) in ESI Dispensary on 18.09.2013. The petitioner

participated in the selection for admission to Post Graduation

Medical Degree Course in the academic year 2018-19 and the

selection was made based on the marks secured in the NEET-PG

Examination as per Regulation 9(iv) of the Post Graduate Medical

Education Regulations, 2000. She was also allotted PG seat in

M.D., (Pathology) during 2018-19 at Coimbatore Medical College

as per the allotment order issued by the Selection Committee

dated 21.05.2018. The petitioner had also reported to the

College on 22.05.2018.

3. She further submits that, however, due to health

reasons, the petitioner could not continue the Course and

submitted a representation to the Dean of the Coimbatore Medical

College on 31.05.2018 and surrendered the seat offered to her

and the same was accepted on the same day. Now, the petitioner

is seeking permission to participate in the selection for

admission to Post Graduate Medical Course based on the

prospectus for admission to Post Graduate Degree/Diploma courses

for 2019-2020 session, by accepting the application submitted by

her.

4. The learned counsel appearing for the third

respondent accepted the notice and appeared before this court

https://hcservices.ecourts.gov.in/hcservices/

contending that as per Clause 27 of the prospectus for admission

to Post Graduation Degree Courses 2018-19, if the candidates,

who discontinue the course on or after the last date of

allotment of seats i.e. 31.05.2018 shall pay the Discontinuation

Fees, besides foregoing tuition fees as specified in Clause 26,

to the Deans of the respective Colleges, by means of Demand

Draft and the am