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2003 DIGILAW 1678 (MAD)

S. Shomya v. The Academic Officer & Others

2003-10-17

P.SATHASIVAM

body2003
Judgment :- Considering the urgency in the matter and by consent of contesting parties, the writ petition itself is taken up for disposal. 2. The case of the petitioner is briefly stated hereunder: According to the petitioner, she studied in Pondicherry and passed +1 and +2 examination with 92% marks in Physics, Chemistry and Biology and fully qualified for getting into the First Year of B.H.M.S. Degree course in the Educational Institutions in Tamil Nadu and Pondicherry. As per the Rules of M.G.R. Medical University, two seats in B.H.M.S. is reserved for the meritorious students of Union Territory of Pondicherry - 1 seat in Government Siddha Medical College, Palayamkottai and 1 seat in Government Homeopathy Medical College, Madurai. In view of her higher qualification and marks, the Directorate of Education, has recommended her name for selection of B.H.M.S. against the reserved seat for Union Territory of Pondicherry. She received a letter from the Commissioner of Indian Medicine and Homeopathy, Chennai dated 20.11.2002, stating that she was provisionally selected to B.H.M.S. course for 2002-2003 under the special category nominated by the Union Territory of Pondicherry and directed her to report before the Principal, Government Homeopathy Medical College, Thirumangalam, Madurai on or before 25.11.2002. As directed, she reported for admission. However, the Principal informed her that her admission is late admission, delayed by some days and she will be considered only as a Supplementary candidate. Since the delay was not due to her, she made a representation to all the concerned authorities. On her representation, the Directorate of Education, Pondicherry has sent a letter to the Academic Officer, M.G.R. Medical University, Guindy, Chennai, requesting the said Officer to take immediate steps to consider her as regular student as an extraordinary case by relaxing the Rules, if necessary, since there is no fault on her part. There is no delay wither from the part of the Directorate of Education or from her part and the selection process was done within the period prescribed by the Commission and she was directed to report for admission before 25.11.2002 and reported for admission in time. However, she was informed that she will be treated as a Supplementary student and she cannot be treated as a regular student, which is arbitrary and unfortunate. In such a circumstance, having no other remedy has filed the above writ petition, seeking appropriate direction to respondents 1 and 2. 3. However, she was informed that she will be treated as a Supplementary student and she cannot be treated as a regular student, which is arbitrary and unfortunate. In such a circumstance, having no other remedy has filed the above writ petition, seeking appropriate direction to respondents 1 and 2. 3. Pursuant to the notice, the Registrar, Dr. M.G.R. Medical University, first respondent herein has filed a counter affidavit, wherein it is stated that on 19.11.2002, the petitioner has been nominated by the Directorate of Education, Pondicherry and she met the Commissioner of Indian Medicine and Homeopathy, Chennai and as directed, she reported to the Director of Homeopathy, Madurai on 25.11.2002. It was informed by the Principal that the first cut-off date for joining the Course for the Regular First Batch and an undertaking was obtained from her by the Principal, Government Homeopathy Medical College, Thirumangalam to the effect that she is admitted as supplementary candidate due to her late joining in the course. As per the Regulations prescribed by the University for B.H.M.S. course, the cut-off date for admission are: (i) 1st July to 31st October - Regular Batch (ii)1st November to 31st December - Additional Batch. The candidate admitted in B.H.M.S. course from 1st July to 31st October of the academic year shall be registered to take up their I BHMS Examination in November of the next year, and the candidates admitted from 1st November to 31st December of the academic year shall be registered to take up their I year BHMS examination in the month of April of the next year, after satisfying the regulation of the University. The duration of I BHMS course is 1 « years. As per the said regulations, the petitioner, who joined the BHMS course on 25.11.2002 at Government Homeopathy Medical College, Madurai under a seat reserved for the student of Union Territory of Pondicherry cannot be treated as regular I batch student. Accordingly, the request of the petitioner to confer the regular student status of I BHMS degree course of 2002-2003 batch and to permit her to take the examination along with other regular batch students for the academic year 2002-2003 is not feasible of compliance. 4. Heard, Mr. V. Ajayakumar, learned counsel for the petitioner as well as Mr. M. Vellaisamy, learned counsel for the first respondent and the learned Government Advocate for respondents 2 to 4. 5. 4. Heard, Mr. V. Ajayakumar, learned counsel for the petitioner as well as Mr. M. Vellaisamy, learned counsel for the first respondent and the learned Government Advocate for respondents 2 to 4. 5. The only point for consideration in this writ petition is, whether the petitioner is to be registered in the Regular batch or Supplementary Batch in I BHMS degree course of 2002-2003? 6. In the light of narration of case of both parties in the earlier part of my order, it is unnecessary to refer the same. There is no dispute that as per the Rules of M.G.R. Medical University, two seats in BHMS is reserved for meritorious students of the Union Territory of Pondicherry. Since the petitioner got 92% marks in the +2 examination in the subjects of Physics, Chemistry and Biology, the Directorate of Education, Pondicherry has recommended the petitioner's name for selection to BHMS course against the said reserved seat for Union Territory of Pondicherry. It is not disputed that, she received a letter from the Commissioner of Indian Medicine and Homeopathy, Chennai dated 20.11.2002, stating that she was provisionally selected to BHMS course for the academic year 2002-2003 under special category nominated by the Union Territory of Pondicherry. The normal procedure is that, usually the Commissioner of Indian Medicine and Homeopathy will send the communication letter along with the prospectus to the Directorate of Pondicherry in the month of July, so that they will sponsor the candidate in August. It is seen from the counter affidavit of the Registrar, Dr. M.G.R. Medical University that in the year 2002, they have not received any correspondence from the Commissioner of Indian Medicine and Homeopathy, until September, 2002 and suddenly they received a telegram on 28.10.2002 from the Commissioner of Indian Medicine and Homeopathy, Chennai stating "Nominate eligible candidates for BSMS & BHMS course 2002-2003 immediately letter follows" followed by a letter and proceeding on 11.11.2002. It is further seen that on 19.11.2002, the petitioner, S. Shomya, has been nominated by them and she met the Commissioner of Indian Medicine and Homeopathy, as instructed, she reported to the Principal, Government Homeopathy Medical College, Thirumangalam, Madurai on 25.11.2002. I have already referred to the cut-off dates for admission to BHMS degree course. As per Regulations prescribed by the first respondent University. I have already referred to the cut-off dates for admission to BHMS degree course. As per Regulations prescribed by the first respondent University. As per the said Regulations, those, who joined before 31st October, they will be treated as Regular batch and thereafter till the end of December will be treated as additional (Supplementary) batch. It is also admitted by all the parties concerned that the petitioner was not responsible for not sponsoring her name in time. As a matter of fact, the College authorities informed the petitioner that if she get a letter from the Directorate of Education, Government of Pondicherry, informing that the delay was not due to her and only due to administrative reasons, they will be able to consider her as Regular-I batch student of the academic year 2002-2003. It is also not in dispute that based on this the petitioner made a representation to the Department of Education, Government of Pondicherry, in turn they have approached the Commissioner of Indian Medicine and Homeopathy, Chennai. However, the Joint Commissioner of Indian Medicine and Homeopathy, Chennai in his letter dated 17.02.2003 has informed that since the rules and regulations are fixed by the Tamil Nadu Dr. M.G.R. Medical University, Chennai, they are unable to take any action on the representation. It is useful to note that in view of the above factual position, the Officer on special duty (Collegiate Education), Government of Pondicherry in her letter dated 06.03.2003 informed that the delay is only due to administrative reasons made by the Commissioner of Indian Medicine and Homeopathy, Chennai and this kind of delay has never occurred in past and requested the first respondent University to treat this as an extraordinary case and permit the candidate to join in the regular batch. All these details are available in the counter affidavit filed by the Registrar, The Tamil Nadu Dr. M.G.R. Medical University (vide para 4 and 5). 7. No doubt, the learned counsel appearing for the first respondent - University contended that in the light of the regulations prescribed the cut-off dates for admission to BHMS degree course and of the fact that the petitioner joined the concerned College after 31st October, she is to be treated only supplementary (second batch) and not in the regular batch. For the sake of repetition, it is to be noted that admittedly the petitioner was no way responsible for the delay. For the sake of repetition, it is to be noted that admittedly the petitioner was no way responsible for the delay. The delay occurred only due to the Directorate of Education, Government of Pondicherry in sponsoring her name for admission to I BHMS course. I have already referred to the letter of the Officer on special duty (Collegiate Education), Government of Pondicherry dated 06.03.2003, accepting the fact that the delay was only due to administrative reasons made by the Commissioner of Indian Medicine and Homeopathy and they also promised that it will not occur in future. In the same letter, the Officer has requested the first respondent University to treat the case of the petitioner as an extraordinary case and permit her to join in the regular batch. 8. In the light of what is stated above, I am satisfied that inasmuch as the petitioner was no way responsible for the delay and in the light of the explanation offered by the Officer of the 4th respondent, the petitioner is to be treated as a regular student and she must be permitted to take examination along with other students for the academic year 2002-2003. Accordingly, direction is issued to respondents 1 and 2 to confer regular student status to the petitioner and permit her to take the I BHMS course examination for the year 2002-2003 along with the other regular students. The writ petition is allowed. No costs. Consequently, connected WPMP., is closed.