V GEETHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petitioner has prayed for the issue of a writ of declaration to declare clause 17 of the Prospectus for admission to the P.G.Diploma/Degree Courses in Tamil Nadu Government Medical/Dental and Self Financing Dental Colleges for the academic year 2002-2003 as ultra vires and unconstitutional and consequently direct the respondents to consider the application submitted by the petitioner for selection to P.G.Diploma in Obstetrics and Gynecology without reference to Clause No.17 of the Prospectus for the Academic Year 2002-2003 issued by the second respondent.

(2.) Heard Mr. G.Subramaniam, learned senior counsel appearing for M/s.M.Sathyanarananan and M.S.Sivakumar, for the petitioner and Mr.V.R.Rajasekar, Special Government Pleader appearing for the respondents.

(3.) The petitioner who has secured the Bachelor of Medicine and Surgery during 1996 entered the Tamil Nadu Medical Services and is holding the post of Civil Assistant Surgeon. During 1999, the petitioner joined M.S.,(General Surgery) and acquired the qualification during September, 2001. As the petitioner desired to join P.G Degree/Diploma in DGO namely obstetrics and Gynecology, has come before this court challenging Clause 17 of the Prospectus issued by the third respondent. It is not necessary to refer to any other factual matrix.