G MADHUMITHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BY consent of both parties, writ petitions themselves are taken up for disposal. Petitioner in W.P.No. 26717/2003 has prayed to issued a writ of mandamus, directing the respondents to admit her in M.B.B.S. Course for the academic year 2003-2004 in any one of the Government Medical College. Petitioner in W.P.No. 26307/2003 has also prayed for similar direction.

(2.) ACCORDING to the petitioner in W.P.No. 26717/2003, she did her Plus 2 in March, 2002. She secured 1131 out of 1200 marks in improvement examination held in March, 2003. She belongs to Backward Class community. She secured 194 marks in Physics, 199 in Chemistry, 197 in Biology, 197 in Maths, all out of 1200 marks. After re-valuation in Physics paper, she was given 197/200. The re-valuation mark was given only on 24-7-2003. In the meanwhile, along with the others she also applied for Entrance Examination for Tamil Nadu Professional Courses. She was awarded 49.58/50 marks in Biology and 48.32 out of 50 marks in Physical Science and put together the total mark in the Entrance Examination awarded to her come to 97.90 marks. Since some mistake has been committed in the valuation of Physical Science paper in the Entrance Examination and correction is being carried out and revised mark will be given after the revaluation of the Physical Science paper. After the revaluation, she had been awarded 47.90 marks in Physical Science and thereby they reduced 0.42 marks from the originally awarded mark. Since the reduction of the marks without any opportunity unilaterally is an arbitrary action on the part of the Anna University, she filed W.P.No. 20839/2003 before this Court. This Court directed to restore the old mark already given and she was given restoration of old mark in the Entrance Examination, i.e., 48.32 in Physical Science. She also applied for revaluation in Physics. In the revaluation she got 3 more marks. After revaluation in the academic subject as well as restoration of entrance examination marks, her marks raised to 295.40. The cut off mark of the selected candidate in the second counselling was 295-32 for Backward Class category. As far as students who have been given 295.32 marks are concerned, allotment was made to the Government Medical Colleges. Therefore, she is entitled for admission in the Government Medical college. This Court granted relief only in respect of the petitioners who came before this Court. The respondents in their own way will and pleasure have allowed number of students who have not approached this Court for counselling and added to that they have also passed order that 0.42 marks shall be added to the students who have already admitted and on the basis of the additional mark re-allotment has been effected. As a result of the conduct of the respondents, she has been now offered to private Medical College. In such a circumstance, having no other remedy has filed the present writ petition for appropriate relief.

(3.) THE details of the cut off marks for the counselling held prior to 4-8-2003 and re-counselling held on 17-9-2003 and 18-9-2003 as per the orders of this Court are as follows: