C SANGATHTAMIL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have passed +2 examination, that was conducted in March 2010. They have applied for M.B.B.S. course to the Secretary, Selection Committee, the third respondent herein for the year 2010 - 2011. The petitioners were not considered for selection to M.B.B.S. course on the ground that they were born on 03.01.1994 and 08.01.1994 respectively and that they have not completed 17 years of age as on 31.12.2010. The non consideration of the petitioners are as per the Clause '4' of the Prospectus. As per this Clause, the candidate should have completed 17 years of age as on 31st December of the year in which the admission to M.B.B.S., course is made. Admittedly, the petitioners are not qualified to make an application, in view of the aforesaid Clause in the Prospectus.

(2.) In these circumstances, the petitioners have filed these writ petitions praying for declaration to declare that Clause 4 of the General Instructions in the Prospectus issued by the third respondent for admission to M.B.B.S/B.D.S Course for the year 2010-2011 as unconstitutional and ultravires and consequently direct the respondents to consider the petitioners' case for admission to M.B.B.S/B.D.S Course for the year 2010-2011 without reference to Clause 4 of the General Instructions given in the Prospectus issued by the third respondent for the year 2010-2011 and select them for admission if they are otherwise eligible for such admission.

(3.) Notice of Motion was ordered on 08.06.2010