J BALASUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner, who has completed his MBBS in the year 1994 and also Diploma in Child Health (DCH) in the year 1998 at Madras Medical College, joined the Government service on 24.04.2000 as Assistant Surgeon, Government Primary Health Center at Erasakkanayakkanur, THEni District. He has applied for the entrance examination conducted by the third and fourth respondents for post graduation studies, viz., M.D. (Paediatrics). THE 4th respondent has called him for counseling and allotted seat in Coimbatore Medical College by his proceedings dated 21.05.2004. THE petitioner was relieved on 22.05.2004, to enable him to join the said course and then, he has joined at Coimbatore Medical College on 24.05.2004 and remitted his admission fees and tuition fees for the entire two years.

(2.) EVEN though the prospectus has not specified about M.D. (Paediatrics) course in the 5th respondent College, the petitioner was allotted on the basis that the 5th respondent College has been recognized by the Medical Council of India, though the petitioner has not opted 5th respondent College on his volition. It was, after joining the course in the 5th respondent College on 24.05.2004, the petitioner came to know that in the previous year the 5th respondent had admitted a student without proper recognition. It is the case of the petitioner that the respondents have replied that the petitioner will be allowed to write his examinations for the two academic years in M.D. (Paediatrics) in the final year. The petitioner has submitted his dissertation to the Dean of the 5th respondent College for onward transmission of the same to the University and at that time he came to understand that the University will not permit him to sit in the examinations, which are normally scheduled in February,2006.

(3.) ON a perusal of the records, it is clear that the Central Government has issued LOP to the 5th respondent Institution for M.D. (Paediatrics) course from the academic year 2006-2007. Therefore, as per the Scheme of the Central Government, the 5th respondent would have been entitled to admit a student in M.D. (Paediatrics) only from the academic year 2006-2007. It is also not in dispute that in the 5th respondent College the sanctioned strength of students in M.D. (Paediatrics) is one(1). The 5th respondent College has also given an undertaking not to admit any student for M.D. (Paediatrics) in the year 2006-2007 and 2007-2008.