G UDHAYA BHARATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By consent of parties, the main writ petition itself is taken up for hearing and disposal.

(2.) This writ petition exposes the plight of a student who is otherwise entitled to be admitted to the MBBS Degree course was denied such admission solely due to the fault of the Selection Committee. The petitioner after successfully completing his +2 examination appeared for entrance examination for admission to the first year MBBS degree course of the academic year 2003-2004. He has secured an aggregate of 290.54 marks. The second respondent by call letter dated 28.8.2003 called the petitioner for counselling for admission to the first year BDS course, as there was no vacancy for MBBS course on that day. The counselling was held on 6.9.2003. Since the petitioner wanted to join only MBBS degree course, he did not attend the counselling. The call letter is relevant for the disposal of this writ petition and the same reads as under:- Intimation for Counselling for Exercising option for BDS seats in self-financing dental colleges 2003-2004 Session <FRM>B.26.934.1205.htm</FRM> Thiru Udhaya Bharathi.G is informed that vacancies are available in various self-financing dental colleges. If interested, you are requested to report on 6.9.2003 at 10.00 AM with all original certificates or bonafide certificate from the institution where the candidate is presently studying, for counselling for exercising their option for BDS seats in self-financing dental colleges. The candidates are advised to bring a Demand Draft for Rs.5,000/- (Rs.2,500/- for SC/ST candidates) drawn in favour of Secretary, Selection Committee, Chennai-10, failing which they will not be allowed to attend the counselling. The candidates who exercise their option to take BDS seats in self-financing dental colleges have to deposit the Demand Draft with Selection Committee. The final allotment order will be issued only during the second week of September 2003 as per merit and subject to the availability of the seats. Candidates have to exercise their option only to the category of seats and not to the particular self-financing dental colleges. The Demand Draft will be returned back to the candidates who could not get the seats for want of vacancies, during September 2003. The Demand Draft will not be returned to the candidates who opt out of BDS course because of non-availability of seats in the college of their choice at the time of issuing the final allotment orders during September. Candidates who are absent will not be considered any further for BDS seats in self-financing institutions and your absence will not alter wait list position in MBBS course. This is only an intimation for counselling for exercising option for BDS seats in self-financing institution and does not guarantee admissions, which is subject to the availability of seats. If any revaluation/retotalling candidates are added on the day of counselling it may alter the position on the day. Postal delay will not be condoned. Deputy Director of Medical Education (UG) Selection Committee, Chennai-10" From the said call letter it is clear that the petitioner was directed to report at 10.00 a.m. on 6.9.2003 for consideration against the vacancies available in self-financing dental colleges. The petitioner was also informed that the absence of the petitioner will not alter waitlist position in the MBBS course. After the counselling was over, it appears that the Selection Committee, the second respondent called some more candidates including the fifth impleaded respondent for admission to BDS Degree course on 19.9.2003. In the meantime, a vacancy for MBBS degree course arose in the Meenakshi Medical College, the third impleaded respondent. The Selection Committee without calling the eligible candidates from the waitlist in the order of merit, proceeded to consider the applicants who have secured lesser marks and who attended the counselling on 19.9.2003 for admission to the said one seat. Accordingly, the fifth respondent who has secured 289.20 marks was selected and allotted to the Meenakshi Medical College. In the circumstances, the petitioner has approached this Court by way of this writ petition on 30.9.2003 seeking for a direction to the first and second respondents to admit the petitioner to the MBBS Degree course for the academic year 2003-2004.

(3.) The petitioner has also filed W.P.M.P.Nos.41128 and 41356 of 2003 seeking for impleading (1) Meenakshi Medical College, Enathur, Kancheepuram, (2) Tamil Nadu Dr.MGR Medical University, Chennai and (3) H.Sruthi, a candidate admitted in the place of the petitioner, as respondents 3 to 5 in the writ petition. This Court, by order dated 24.11.2003, permitted the learned counsel for petitioner to take private notice on the proposed respondents. Accordingly, the proposed respondents were served privately and the proof of service is filed. Since they are considered as necessary parties to the writ petition, W.P.M.P.Nos.41128 and 41356 of 2003 are ordered and they are impleaded as respondents 3 to 5 in the writ petition.