K BHASKARAN CHENNAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE order was passed under the following circumstances: THE applicant applied for D.M. (Oncology) Code No.24, for which there were two seats both at the Chennai Medical College, that he took entrance examination on 27.3.1999, that the results were announced on 9.4.1999, that he had obtained 64.94 marks out of 100 and that he was placed first, in the merit list and notwithstanding that the respondents did not admit him in the course, necessitating the appellant sending representations dated 24.4.1999 and 25.4.1999.

(2.) THE third respondent filed a counter stating that the proposals to start 2 years D.M. (Oncology) Course at Madras Medical College were sent to the Government of Tamil Nadu, that the Government of Tamil Nadu accepted the proposals on 19.1.1996 with instructions to obtain permission/concurrence/affiliation from the central Government Medical Council of India and Tamil Nadu Dr.MGR Medical University, that the Tamil Nadu Dr.MGR Medical University issued the letter of consent of affiliation for the above said purpose on 22.1.1998, but the Government of India rejected the proposals on 9.9.1998 on the ground that there was no provision to give permission to start D.M. (Oncology) Course with retrospective effect by the Government of India and further the Director of Medical Education for the State of Tamil Nadu was instructed to discharge the students already admitted without prior permission from the Central Government and to send fresh proposals to the Ministry for consideration. THE counter further stated that fresh proposals were sent on 21.12.1998, that the same had been forwarded to the government of Tamil and the Government of Tamil Nadu was also addressed by Directorate of Medical Education on 11.6.1999, that on 30.7.1999 the above proposals were forwarded to the government of India and that no permission had been received till then and that was the reason for not admitting the candidate for D.M. (Oncology) Course for the Academic year 1999-2000.

(3.) THE first respondent has filed a counter stating as follows: THE Government by letter dated 8.5.2000 granted approval for starting of D.M. (Oncology) Course at Madras Medical College, Chennai, with annual intake of two students with prospective effect under Sec.10-A of the Indian Medical Council Act as amended in 1993. In view of that, the respondents have no authority to admit candidates in a course not approved by the Medical Council of India. Candidates to D.M. (Oncology) Course can be admitted only from the Academic Year 2001-2002. Having obtained permission for the said Course, the same was included n the prospectus for the year 2001-2002 and eligible candidates were selected from the candidates, who appeared for the entrance examination for that Academic Year and scored high marks. THE applicant appeared for the entrance examination for admission to D.M.(Oncology) Course for 2001-2002 and he got only 49.38 marks. As per list, he was not selected for admission to the above course for 2001-2002. THE Supreme Court in Rajiv Kapoor and others v. State Of Hariyana and others Rajiv Kapoor and others v. State Of Hariyana and others (2000)2 C.T.C. 306 has held that direction to admit students who succeeded before Court in subsequent Academic Years cannot be granted. THE first respondent has sent a reply to the application informing him of the above facts.