P G SURYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By consent, the main writ petition itself is taken up for final disposal.

(2.) The petitioner viz., P.G.Surya, represented through her father and natural guardian of Dr.P.R.Ganesh, M.D., D.B.M., has filed the present writ petition seeking issuance of writ of mandamus, by directing the respondents 1 and 2, The Secretary, Health and Family Welfare Department and the Secretary, Selection Committee, Directorate of Medical Education, to cancel the admission granted for the students who are qualified persons of some other profession namely M.B.B.S., B.Ds., B.Pharmacy, B.Sc., (Nursing), BPT, BOT, BSMS, BSMS, Engineering, Law, Agriculture, Veterinary etc., or to those who are studying other professional courses, to reconsider the rank allotted to the petitioner's daughter, allot a seat for the first year MBBS course either in the government college or in the self finance college for the academic year 2010-2011.

(3.) Mr.K.Jeganathan, the learned counsel appearing for the petitioner has made two fold submissions before this Court for allowing the writ petition. Firstly, the respondents 1 and 2 have started initiating admission process without considering the ratio laid down by the Division Bench of this Court reported in 2007(4) CTC 553 (C.Maria Arul Rex and 3 others Vs. The State of Tamil Nadu, rep. by its Secretary, Health & Family Welfare Department), wherein, this Court, on considering the aspect of the disqualification of the students, who have got admissions in Medical, Dental course, directed to be disqualify them for getting fresh admission into the Medical Colleges for M.B.B.S. Though the S.L.P has been filed, challenging the correctness of the judgment passed by this Court mentioned above, the Honourable Apex Court, by an order dated 28.04.2008, dismissed the petitions for Special Leave to Appeal (Civil) Nos.13126 - 13130 of 2007 and the order of the Apex Court is extracted for better perusal as follows: