H IYENGARAN Vs. SELECTION COMMITTEE

JUDGEMENT

(1.) THE prayer in the writ petition is for issuance of writ of mandamus directing the Selection Committee represented by its Secretary, Directorate of Medical Education, Kilpauk, Chennai-600 010, the first respondent herein to admit the petitioner in the Post Graduate Degree Course in M.D. (Radio Diagnosis).

(2.) THE facts leading to the case are that the petitioner completed Under Graduate degree in Medicine-M.B.B.S. in the year 2004 at Madras Medical College, Chennai and after completion of the course, the petitioner attended the selection test conducted by the TNPSC in the year 2005 and got selected to the post of Assistant Surgeon under the Directorate of Public Health and Preventive Medicine. He was appointed as Assistant Surgeon at Primary Health Centre, Mullandram in Tiruvannamalai District on 30.06.2006 and from the said date, he worked in the said centre till he joined in D.M.R.D., course in Madras Medical College. The selection for admission to the Post Graduate courses in medicine is conducted by the first respondent and the petitioner being a service candidate, applied for selection under the service candidate category and the petitioner is interested in undergoing Post Graduate degree in Radio Diagnosis. In January 2012, the application for admission to the Post Graduate/ Degree / Diploma courses were called for by the first respondent. The entrance examination was conducted on 04.03.2012 and in Clause 7 of the prospectus it is stated that (a) candidates who are undergoing Post Graduate Degree/ PG Diploma/ 6 year M.Ch. Neurosurgery/ MDS course, are not eligible to apply for any Post Graduate Degree/ Diploma Course/ 6 year M.Ch. (Neurosurgery)/ MDS courses; (b) candidates who are completing a Diploma Course (including All India quota) are not eligible in the immediately succeeding academic year to apply for any Post Graduate/ 6 year M.Ch. Neurosurgery courses.

(3.) AFTER the dismissal of the writ petition, the petitioner being placed in Sl.No.1 in the waiting list for M.D. (Radio Diagnosis) course, submitted a representation on 03.08.2012 before the first respondent seeking admission in M.D.(R.D.). It was also pointed out in the representation that he is already undergoing D.M.R.D., PG Diploma course. No action being taken, the petitioner has filed the above writ petition with the said prayer.