N K MANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been preferred by a Tutor in Anesthesiology, in the Institute of Social Obstetrics, Government Kasturba Gandhi Hospital for Women and Children, Chennai, challenging clause 14(a) of the Prospectus for the year 2008-2009 issued by the second respondent in respect of admission to Post Graduate Degree course for the academic year 2008-2009.

(2.) THE factual details as culled out from the affidavit it filed in support of the writ petition are as under:THE petitioner is functioning as Tutor in Anesthesiology, in the Institute of Social Obstetrics, Government Kasturba Gandhi Hospital for Women and Children attached to Madras Medical College, Chennai and he joined the services of the Government of Tamil Nadu in the year 1996. THE petitioner has been applying for admission to the post graduate degree course continuously for the past four years, and having failed in his attempt, took steps to apply again for the current year. However, to his shock and surprise, it was found that the second respondent had introduced for the first time a condition that candidates above 50 years as on 31.3.2008 are not eligible for admission to the post-graduate course. THE said provision as contained in Clause 14(a) of the prospectus has been challenged by the petitioner as arbitrary, unreasonable besides violation of Rules as well as the provisions of the Constitution of India.

(3.) THE Learned Government Advocate appearing on behalf of the respondents contended that the Government has taken a policy decision to fix the upper age limit at 50 years as on 31.3.2008 for admission to post graduate course and the said decision having been taken in larger public interest, the Government cannot be found fault with and as such there is absolutely no merit in the contention of the petitioner.