GAYATHRI Vs. GOVERNMENT OF TAMIL NADU AND OTHERS

JUDGEMENT

(1.) Petitioner has come up with the present Writ Petition seeking a direction to the Respondents to include the candidature of her minor daughter in the Provisional Rank List published by the Directorate of Medical Examination, so as to entitle her to participate in the Counselling for admission into Medical Seat under the Tamil Nadu State Quota.

(2.) According to the Petitioner, her daughter viz. R.Gayathri, who was born in Chennai, pursued Classes I to VI in Tamil Nadu and Classes VII to XII in Karnataka. She further stated that her husband is an Agriculturist and that she is working in a Private Company in Bangalore. Her daughter appeared for NEET Examination on 06.05.2018 and scored 371 out of 720, and ranked as 1186. The grievance of the Petitioner is that though her daughter had applied for admission to MBBS/BDS Course as a native of Tamil Nadu and has produced requisite documents, viz. Aadhar, Birth Certificate, School Certificates and Ration Card along with the Application, she has not been included in the list of eligible candidates. On enquiry with the Selection Committee, the Petitioner was informed that the 'Communication Address' has the address that of Karnataka and that has become a criteria for disqualification.

(3.) It is the case of the Petitioner that 'Communication Address' would only mean the place of communication and cannot be interpreted in any other manner, more so to disqualify her daughter on such basis from participating in the Counselling under the Tamil Nadu State Quota. The Petitioner further stated that the First Phase of Counselling is scheduled between 01.07.2018 and 05.07.2018 and as per Clause 24 of the Prospectus, if a candidate is not able to attend the First Phase of Counselling, then the candidate will not be permitted to attend further Phase of Counselling and if this is applied on the candidate, then the candidate will be put to irreparable loss. Hence, the Petitioner contended that the State Government has misdirected itself to consider only the factum that 'Communication Address' given is that of Karnataka and has failed to look into and give weightage to all other documents, i.e. Aadhar and Birth Certificate, that have been placed before them.