M R SIVAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Aggrieved by the dismissal of W.P. No. 3386 of 1998, the present writ appeal has been preferred.

(2.) Heard Mr. G. Subramanian, learned Senior Counsel appearing for the appellant and Mr. D. Murugesan, Special Government Pleader appearing for the respondents.

(3.) Admittedly, the appellant, on successful completion of M.B.B.S. Course, M.D. (General Medicine) and M.D. (Rheumatology), also successfully completed D. M. (Neurology) during the year 1985-87. The appellant's academic achievements are definitely exemplary. The appellant desired to apply for the course of D.M. (Rheumatology) for the academic year 1998-99. The appellant, on going through the prospectus, found that he is ineligible to apply to the course as he has already acquired a higher speciality degree in one of the disciplines. In the circumstances, the appellant filed W.P. No. 3386 of 1998 praying for the issue of a writ of declaration declaring that clause 5 of the prospectus for admission to higher speciality courses in Tamil Nadu Government Medical Colleges as unconstitutional and void and consequently direct the respondents to consider the petitioner's application on merits and without reference to the said clause.