C JANCY MINOR Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) The petitioner seeks for the issue of a Writ of Mandamus to direct the respondents 1 and 2 to admit the petitioner in B.Sc.,(Nursing) Course 2002-2003 Session under Free Seat Category in any Government or other recognised institutions forthwith and to direct the respondents to admit the petitioner in the third respondent institution on the basis of the selection and allotment made by the second respondent Selection Committee dated 31.10.2002 and to allow the petitioner to under go the said course.

(2.) The petitioner claiming to have successfully completed the higher secondary course appeared for the Tamil Nadu Professional Courses Entrance Examination-2002. She belongs to backward class and obtained 41.99 out of hundred marks. She applied for B.Sc. (Nursing) course 2002-2003. The second respondent Selection Committee is the competent authority to select and allot candidates to the said course and according to the prospectus, the selection of candidates will be made on the basis of marks obtained by the eligible candidates in the prescribed Science subjects and the marks obtained in the entrance examination. The petitioner had obtained 138.50 marks in the Science subjects and 41.99 marks in the entrance examination and hence has scored a total of 180.49 out of 300 marks. In terms of the prospectus, after the merit list of the candidates is prepared, the rule of reservation will be followed and the candidates will be invited for counselling to be allotted to the various categories through Single Window System. The candidates can also exercise their option for the course and the college of their own choice at the time of counselling. Accordingly, the merit list was published and the petitioner attended the counselling and opted for free seat. The petitioner was placed at rank No.577 in B.C. Free Wait List. She was awaiting intimation from the Selection Committee. On 14.10.2002, she came to understand that several candidates who had secured lesser marks than the petitioner had been allotted free seats from 10th to 12th of October 2002. On 15.10.2002, the petitioner took a bank demand draft for Rs.6,000/- (Rupees six thousand only) and approached the selection committed on the next day. She was orally informed that a further counselling would be held on 28.10.2002 for allotment from the remaining waiting list. As there was no intimation, she again approached on 29.10.2002. She was asked to wait till 30.10.2002. The petitioner was told that she could not be given free seat but only a payment seat in the third respondent institution. Being left with no option, the petitioner accepted the same and waited for the allotment. Since 31.10.2002 was the last date for joining the institution, she left for Coimbatore on 30.10.2002 itself, leaving her brother at Chennai to receive the allotment order. On 31.10.2002 at about 10.30 A.M., the petitioner's brother remitted Rs.34,000/- (Rupees thirty four thousand only) by way of two demand drafts towards fee for payment seat and obtained allotment orders from the Selection Committee, one addressed to the institution and the other addressed to the petitioner.

(3.) The petitioner soon after receiving orders through fax reported to the third respondent at about 3.30 P.M. on 31.10.2002 with her original certificates and the admission fee. However, the Principal refused to admit her by stating that the allotment and admission was over. Again on the next day, the petitioner approached the third respondent at about 10.00 A.M. and pleaded for admission and the petitioner was again refused. Thereafter, the petitioner sent a telegram to the second and third respondents informing them about the position and requesting for admission. There was no response and hence the writ petition.