DR. SHANMUGAPRIYA Vs. GOVERNMENT OF TAMILNADU AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed for issuance of a certiorarified Mandamus, to call for the records of the first respondent issued in the Prospectus under the head of IV Service candidates in 9(i) and (ii) to Post Graduate Degree/Diploma Courses in Tamil Nadu Government Medical Colleges for the academic year 2018-19 issued in G.O.(D) No.411, Health and Family Welfare(MCA-I) Department, dated 15.03.2018 and quash the same and direct the respondents 1 to 3 to consider the petitioner as service candidate for admission of Post Graduate Medical Courses for the year 2018-19 with 30% weightage marks.

(2.) According to the petitioner she being an M.B.B.S. Graduate, registered with the Tamil Nadu Medical Council was appointed as a Tutor/Medical Officer on regular basis with effect from 02.02.2015 and posted in the Trauma and Accident Emergency Department in Perundurai Medical College Hospital, which is located in a remote locality of Karumandi Sellipalayam Village 3 Kms away from Perundurai.

(3.) Perundurai Medical College was established by the State Government for conducting Research, Managerial, Supervisory training and for conducting professional course and it is wholly managed by the State Government. Perundurai Medical College, being the institution of the State in terms of Article 236 of the Constitution of India, accepted to grant admission to M.B.B.S. Students, who want to pursue Post Graduate Degree/Diploma Courses in Medicine in terms of Medical Council of India Regulations and that 50% of the seats for the Post Graduate Diploma Courses have been reserved for the in-service candidates and that the petitioner being a Government employee would be entitled to 10% of the marks obtained for each year of service in remote and/or difficult areas up to the maximum of 30% of the marks obtained in National Eligibility cum Entrance Test(NEET). The petitioner appeared for NEET examination and secured 495 marks out of 1000 and she is entitled for the weightage of 30% marks, as she is working in a remote place, in the Government quota for every year of her experience to be added with the NEET Examination marks. Therefore, the petitioner's marks should be calculated as 643.5(495+148.5) and she would be entitled to be admitted in the Tamil Nadu Post Graduate Medical Examination.