P VEERAKAJALAKSHMI Vs. DIRECTOR JAWHARLAL NEHRU INSTITUTE OF POST GRADUATE MEDICAL EDUCATION AND RESEARCH PUDUCHERRY

JUDGEMENT

(1.) BY consent of the learned counsel on either side, this writ petition is taken up for final disposal at the stage of admission itself.

(2.) HEARD Mr.V.Ajayakumar, learned counsel appearing for the petitioner and Mr.M.Raveendran, learned Additional Solicitor General with Mr.M.T. Arunan, learned counsel appearing for the respondent.

(3.) THE respondent has filed counter. In the counter, the respondent has denied all the allegations in the writ petition except those which are specifically admitted. 5a. THE respondent would state that Jawaharlal Institute of Postgraduate Medical Education and Research (in short 'JIPMER') is an Institute of national importance funded by the Ministry of Health and Family Welfare of Government of India. With regard to the petitioner's prayer seeking a direction to the respondent to keep one seat vacant in the first year M.D. Course for the academic year 2010 " 2011 and to permit her to participate in the counselling for admission to the first year M.D. Course, the respondent would submit that the counselling was held on 18.03.2010 and 19.03.2010 as per the schedule given in the prospectus. Since adequate number of candidates in the Unreserved (UR) category did not turn up for counselling, an extended counselling had to be held and the date of extended counselling was fixed as 05.04.2010 and the notice of the extended counselling which was to be held on 05.04.2010, was hosted in the website on 20.03.2010. It was informed in the said notice that SC candidates from ranks 66 to 325 in the SC category were to attend the counselling. THE number of seats discipline-wise as indicated in the notice, is detailed below. Sl. No. Name of Discipline Number of Seats 1 M.D. Community Medicine 3 2 M.S. Ophthalmology 3 3 M.D. Radiotherapy 1 4 M.D. Transfusion Medicine 1 5 M.D. Anatomy 3 6 M.D. Biochemistry 3 7 M.D. Microbiology 4 8 M.D. Pathology 6 9 M.D. Pharmacology 4 10 M.D. Physiology 4 Total 32 Except the disciplines mentioned at Sl.Nos.1,2 & 3, all other disciplines are non-clinical and in the counselling held on 05.04.2010, the clinical seats mentioned at Sl.Nos.1,2 & 3 have been opted by candidates, whose marks are way above the petitioner, as detailed below: Sl. No. Name of Discipline Category Marks Number of Seats 1 M.D. Community Medicine UR UR SC 667 634 472 3 2 M.S. Ophthalmology UR OBC INST 666 662 619 3 3 M.D. Radiotherapy UR 660 1 5b. THE ranking of the petitioner in the SC category-wise merit list of eligible candidate is 317. THE petitioner having obtained 450 marks out of 1000 was not present for the counselling held on 05.04.2010. However, from the data presented above, it is clear that the petitioner could not have exercised her option for a seat in the clinical discipline in view of her merit ranking in the entrance examination, even had she been present for the counselling held on 05.04.2010. At this point of time, the petitioner approached this court by filing the present writ petition. This Court, by an order dated 22.04.2010 in M.P.Nos.1 & 2 of 2010 of the present writ petition directed the respondent to keep one seat vacant in M.D. Course according to the merit of the petitioner, if available, pending further order. It was also directed that if no seat was available, it is open to the petitioner to implead the last candidate so that the Court would be in a position to hear the said candidate and pass appropriate order. 5c. THE respondent would further submit that he filed an affidavit seeking clarification on the order of this Court dated 22.04.2010 in respect of vacancy that may arise due to non-joining of the selected candidate. This Court, vide its order dated 30.04.2010, was pleased to clarify that the petitioner's claim would be considered on the basis of the ranking in the entrance examination against the vacancy that may arise due to non-joining of the selected candidate and the petitioner shall also appear before the respondent on 31.05.2010 or any date as required by the respondent. It was further clarified in the order that the counsel for the petitioner has no objection to modify the said order. 5d. In compliance of the order of this Court, a memorandum dated 08.05.2010 was sent by Registered Post to the petitioner, marking a copy to the counsel for the petitioner, requiring the petitioner to opt for any one seat in any one of the disciplines of M.D. Biochemistry or M.D. Physiology. It was also stated therein that the option should be conveyed in writing within two days from the date of receipt of the memorandum, failing which, it would mean that the petitioner is not interested in the offer and the same would be treated as withdrawn without any further communication. THE communication sent by Registered Post to the office of the counsel for the petitioner was returned on 28.05.2010 with the postal acknowledgement 'door locked'. 5e. THE stand taken by the respondent is that the petitioner sent a letter dated nil addressed to the Dean (Academic) and the same was received on 13.05.2010 by the office of the respondent. In that letter, the petitioner had referred to the letter sent by the Dean (Academic) and required full details of the mark allotment of M.D. Seat (SC Quota) and required an M.D. Seat in clinical branch as per her merit rank. In compliance of the request made by the petitioner, a Note, dated 20.05.2010 was sent with the following details.