P GEETHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In this writ petition, petitioner has sought a relief of issuance of a writ of certiorarified mandamus, or any other appropriate writ, or order, or direction calling for the proceedings, of the respondents, contained in the prospectus issued for admission to Post-Graduate degree courses in the Government Medical Colleges for the year 1997-98 and quash Para 1.7 of the said Prospectus and consequently direct the respondents to consider the petitioner's application for admission to the Post-graduate degree course in the Tamil Nadu Government Medical Colleges for the year 1997-98 on the basis of the Application filed by her already which has been assigned Registration No. 12070 by the fourth respondent.

(2.) In the affidavit filed in support of the writ petition, petitioner has stated that she completed her M.B.B.S. Course including the Compulsory Rotatory Resident Internship in the year 1985 and got the M.B.B.S. Degree in the said year from Madurai Kamaraj University. After having obtained the M.B.B.S. Degree, petitioner got herself registered with the Tamil Nadu Medical Council and has been doing private practice since then.

(3.) Whileso, petitioner was appointed as Assistant Surgeon on 25-9-89 after having been selected by the Tamil Nadu Public Service Commission. The petitioner was posted at a Primary Health Centre, Kadamalaikundu. While she was in service at the place she applied for admission to the Post-Graduate Degree Course, viz., M.D. Community Medicines, during the Academic year 1993-94, as a service candidate, and she was also selected for admission to that Course which is a non-clinical subject. On such selection, petitioner was allotted to the Madras Medical College to undergo the Post Graduate Course commencing during the year 1993-94. The petitioner joined as a Post Graduate Student in M.D. Community Medicine on 28-3-1994. She was pregnant at that time. She continued her studies from 28-3-1994 to 12-5-1994. During that period, petitioner developed certain medical problems which disabled her from pursuing the course and compelled her to go on medical leave. On 13-5-1994, hardly within one and a half months of her joining the course, she was compelled to continue to be on medical leave. Ultimately, in November 1994, petitioner delivered a child, and she continued to be on maternity leave from November, 1994 to February, 1995. The petitioner rejoined the course only on 6-2-1995. But, due to various problems, she could not continue the Course, and she continued the course again on 21-2-1995.