LAWS(MAD)-2011-3-696

S ANAGHA Vs. GOVERNMENT OF PONDICHERRY

Decided On March 17, 2011
S. ANAGHA Appellant
V/S
GOVERNMENT OF PONDICHERRY REP. BY ITS SECRETARY Respondents

JUDGEMENT

(1.) THESE four writ petitions were filed by four different candidates who were aspirants for medical college seats for the year 2010-2011. The petitioners though were selected by the Admission Committee, they could not be admitted to the Colleges as the cut off date viz., 30.09.2010 had come in their way. Therefore, the petitioners have moved this court.

(2.) IN the first writ petition, the petitioner had sought for a direction to allot her seat either in the INdira Gandhi Medical College or the Government Medical College at Kozhikode. The case of the petitioner was that in "The Hindu" Newspaper dated 30.09.2010, she saw a news item. After seeing the news item, she appeared before the Centralized Selection Committee to consider her claim for vacancy in the Government Medical college. During the counselling, she was allotted a seat in Aarupadai Veedu Medical College and Hospital under the General Quota though she belonged to O.B.C., category. By the allotment letter dated 30.09.2010, she was directed to report to the Office of the College on the very same day and she rushed to the said college. The college was closed on account of certain judgments pronouncement by the Allahabad Full Bench relating to the disputed site in Ayodhya. IN view of the closure of the college in the afternoon of 30.09.2010, she again went to the college on 01.10.2010 and requested for her admission. Though, there was instruction to admit students on 01.10.2010, the college did not admit her stating that admissions were closed on 30.09.2010.

(3.) ON notice from this Court, Vinayaka Mission Medical College has filed a counter affidavit in respect of the three writ petitions. In that counter affidavit dated 25.10.2010, it was averred that these four candidates did not turn up with fees as on 30.09.2010. Hence the question of collecting the fees subsequent to 30.09.2010 will not arise. The college was not at all closed on account of any trouble outside the campus. The pleadings in this regard were contrary to the facts. The admissions were sought after 30.09.2010 and the telegram received from the Collector of Puducherry, was issued after 30.09.2010. Hence, in response to the same, the College had expressed its inability to admit students thereby violating the MCA directives.