B MANIMARAN Vs. SECRETARY, SELECTION COMMITTEE, DIRECTORATE OF MEDICAL EDUCATION AND STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

(2.) This writ petition has been filed praying for a Writ of Certiorarified Mandamus, to quash the prospectus of the academic year 2009-2010, issued by the first respondent for the Post Graduate Diploma/Degree/M.D.S/Five Year M.Ch. (Neuro-Surgery) Courses, in so far as it disallows the petitioner to change his speciality already chosen by him during the first round of counselling and to direct the first respondent to conduct fresh counselling for the four seats in M.Ch. Neuro-Surgery, on merit basis.

(3.) It has been stated that the petitioner is a Doctor holding M.B.B.S. Degree. He was appointed as an Assistant Surgeon in the Directorates of the second respondent, from the year, 2006, after passing the Tamil Nadu Public Service Commission entrance examinations. Therefore, the petitioner is qualified to be considered as a 'service candidate' for the purpose of admission to P.G. Seats in Government Medical Colleges. In the first round of counselling, which had commenced, on 2.4.2009, only two seats had been allotted for the M.Ch. Neuro-Surgery course. Further, both these seats were allotted to the candidates based on community reservation. Accordingly, one seat had been allotted to Most Backward Class private candidate and the other seat had been allotted to Most Backward Class service candidate. Even though the petitioner has the necessary qualifications and the merit, he was not selected for M.Ch. Neuro-Surgery course.