LAWS(MAD)-1997-12-141

R. ARVIND KARTHIKEYAN Vs. THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPT.,

Decided On December 08, 1997
R. Arvind Karthikeyan Appellant
V/S
The Government Of Tamil Nadu Rep. By Its Secretary, Health And Family Welfare Dept., Respondents

JUDGEMENT

(1.) Petitioner seeks the issuance of a Writ of Mandamus directing the Respondents to select and admit the Petitioner for the I year MBBS Course 1997 -98 under special category as per Clause 3.5(xi) of the Prospectus for the M.B.B.S Course 1997 -98 which provides for reservation of seats for the children of Medical Department staff who lost their lives on account of infection, radiation and chemical reaction during the course of occupation in Government Hospitals, in any one of the Government Medical Colleges in Tamil Nadu forthwith, and pass such further or other orders as this Court may deem fit and proper.

(2.) In the Prospectus issued by the second Respondent for admission to Medical and Dental Colleges, Clause 3.5 (xi) reads thus:

(3.) A detailed counter -affidavit has been filed on behalf of the Respondents, justifying their action, and also explaining how the Petitioner is not entitled to get admission under the special category. One of the main reasons mentioned is that list of candidates selected under special category was published as early as on 1 -7 -1997, and this writ petition has been filed only on 18 -11 -1997, i.e., after a lapse of nearly five months. By that time all admissions have been closed and Course have also begun, and now the Petitioner wants admission during the middle of the year, belatedly. When students have been already admitted, it is not proper to disturb the completed admission.