BHAVANA BAIS Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties. Though the matter is listed for considering the Miscellaneous Petition No.15459 of 2002, since the very same question is involved and the question is covered by the decision of the Supreme Court, on consent of both counsel, the main writ petition itself is taken up for disposal.

(2.) The petitioner has completed her M.B.B.S.course in December,1999 from the Coimbatore Medical College, which is affiliated to the Tamilnadu Dr.M.G.R.University. Though the petitioner hails from Gwalior, he had joined the Coimbatore Medical College on the basis of All India test, which is held for 15% of the seats in all the Medical Colleges in the Country. After completion of her M.B.B.S. Course, the petitioner was a candidate for the admission to PG Degree/Diploma/Five Year M.Ch. (Neuro-Surgery) Courses. She was allowed to appear for the examination on the basis of the interim order of this court. But her results have not been published. The objection of the respondents relates to question of nativity certificate of the petitioner and since the petitioner is not a permanent resident of Tamilnadu, it appears that the authorities are not considering the question of admission of the petitioner.

(3.) The question now raised relating to nativity certificate is covered by the decision of the Supreme Court reported in DR.PRACHI ALMEIDA vs. DEAN, GOA MEDICAL COLLEGE AND OTHERS . The Supreme Court in the aforesaid decision filed, upholding the eligibility criterian, it was observed that such criteria relating to residents in a particular State, should not be made applicable to students, who have completed M.B.B.S. Course outside the home State on the basis of 15% of All India Quota. The relevant observations of the Supreme Court decision as contended in paragraphs 4,7 and 8 are extracted hereunder:-