S SHOMYA Vs. ACADEMIC OFFICER

JUDGEMENT

(1.) Considering the urgency in the matter and by consent of contesting parties, the writ petition itself is taken up for disposal.

(2.) The case of the petitioner is briefly stated hereunder: According to the petitioner, she studied in Pondicherry and passed +1 and +2 examination with 92% marks in Physics, Chemistry and Biology and fully qualified for getting into the First Year of B.H.M.S. Degree course in the Educational Institutions in Tamil Nadu and Pondicherry. As per the Rules of M.G.R. Medical University, two seats in B.H.M.S. is reserved for the meritorious students of Union Territory of Pondicherry - 1 seat in Government Siddha Medical College, Palayamkottai and 1 seat in Government Homeopathy Medical College, Madurai. In view of her higher qualification and marks, the Directorate of Education, has recommended her name for selection of B.H.M.S. against the reserved seat for Union Territory of Pondicherry. She received a letter from the Commissioner of Indian Medicine and Homeopathy, Chennai dated 20.11.2002, stating that she was provisionally selected to B.H.M.S. course for 2002-2003 under the special category nominated by the Union Territory of Pondicherry and directed her to report before the Principal, Government Homeopathy Medical College, Thirumangalam, Madurai on or before 25.11.2002. As directed, she reported for admission. However, the Principal informed her that her admission is late admission, delayed by some days and she will be considered only as a Supplementary candidate. Since the delay was not due to her, she made a representation to all the concerned authorities. On her representation, the Directorate of Education, Pondicherry has sent a letter to the Academic Officer, M.G.R. Medical University, Guindy, Chennai, requesting the said Officer to take immediate steps to consider her as regular student as an extraordinary case by relaxing the Rules, if necessary, since there is no fault on her part. There is no delay wither from the part of the Directorate of Education or from her part and the selection process was done within the period prescribed by the Commission and she was directed to report for admission before 25.11.2002 and reported for admission in time. However, she was informed that she will be treated as a Supplementary student and she cannot be treated as a regular student, which is arbitrary and unfortunate. In such a circumstance, having no other remedy has filed the above writ petition, seeking appropriate direction to respondents 1 and 2.

(3.) Pursuant to the notice, the Registrar, Dr. M.G.R. Medical University, first respondent herein has filed a counter affidavit, wherein it is stated that on 19.11.2002, the petitioner has been nominated by the Directorate of Education, Pondicherry and she met the Commissioner of Indian Medicine and Homeopathy, Chennai and as directed, she reported to the Director of Homeopathy, Madurai on 25.11.2002. It was informed by the Principal that the first cut-off date for joining the Course for the Regular First Batch and an undertaking was obtained from her by the Principal, Government Homeopathy Medical College, Thirumangalam to the effect that she is admitted as supplementary candidate due to her late joining in the course. As per the Regulations prescribed by the University for B.H.M.S. course, the cut-off date for admission are: (i) 1st July to 31st October - Regular Batch (ii)1st November to 31st December - Additional Batch. The candidate admitted in B.H.M.S. course from 1st July to 31st October of the academic year shall be registered to take up their I BHMS Examination in November of the next year, and the candidates admitted from 1st November to 31st December of the academic year shall be registered to take up their I year BHMS examination in the month of April of the next year, after satisfying the regulation of the University. The duration of I BHMS course is 1 years. As per the said regulations, the petitioner, who joined the BHMS course on 25.11.2002 at Government Homeopathy Medical College, Madurai under a seat reserved for the student of Union Territory of Pondicherry cannot be treated as regular I batch student. Accordingly, the request of the petitioner to confer the regular student status of I BHMS degree course of 2002-2003 batch and to permit her to take the examination along with other regular batch students for the academic year 2002-2003 is not feasible of compliance.