Minor M. Bhavadharani rep. by her father and Natural Guardian, B. Manickam v. Commissioner, Indian Medicine and Homeopathy
2012-09-27
N.PAUL VASANTHAKUMAR
body2012
DigiLaw.ai
Judgment :- The prayer in the writ petition is for a Mandamus, directing the respondents to issue call letter to the petitioner and to conduct the interview/counseling and grant admission in 1st year B.S.M.S. Siddha Medicine course, Academic year 2012-13 in Government Colleges. 2. The grievance of the petitioner is that she is a Backward Class community, completing her Plus Two examination, by securing 1027 out of 1200 marks. Respective marks in the relevant subjects are Physics 165/200, Chemistry 186/200 and Biology 189/200. Petitioner's average cut-off marks is 182.25 out of 200. She applied for admission to B.S.M.S Course through Application in A.R.No.1065 and expecting the call letter from the respondent for counseling, as per the terms contained in the prospectus. On 16.09.2012, the petitioner came to know through her friend that counseling has already been commenced on 14.09.2012. Immediately knowing the said fact, she came to Chennai on 17.09.2012 and enquired about the non-communication of the call letter for attending counseling. 3. According to the petitioner, in the website, her date of counseling is shown as 14.09.2012. However, no call letter has been furnished to her to appear in the counseling, as per terms of the prospectus and therefore, he has failed to attend the counseling held on 14.09.2012. In the merit list prepared by the respondents, the petitioner is placed at Sl.No.199. However, one Ms.A.Kamatchi, a last candidate in B.C. Category, who has secured only 173.25 aggregate marks, has got admission in B.S.M.S. Course. 4. When the matter was posted for admission, this Court has directed Mr.P.Sanjai Gandhi, learned Additional Government Pleader to take notice and get instructions, as to whether, any other seat is available in Government Siddha Colleges in Tamil Nadu. On instructions, learned Additional Government Pleader submitted that there are vacancies in BC candidate category in Government Siddha Medical Colleges, Palayamkottai and Chennai. 5. Learned counsel for the petitioner submitted that the petitioner, being a meritorious candidate, is opting for admission in Government Siddha Medical College, Chennai. 6. Issue as to whether, the Selection Committee is bound to issue intimation letters to the candidate to attend counseling, was already considered by this Court in a decision in W.P.No.17601 of 2011, dated 01.08.2011, wherein, admission insofar as MBBS course for the academic year, 2011-12, has been sought for.
6. Issue as to whether, the Selection Committee is bound to issue intimation letters to the candidate to attend counseling, was already considered by this Court in a decision in W.P.No.17601 of 2011, dated 01.08.2011, wherein, admission insofar as MBBS course for the academic year, 2011-12, has been sought for. In the said case, inspite of the assurance given in the prospectus, no intimation was given, either by certificate of posting or by registered post, or speed post, or courier post, or by telegram to the candidate and therefore, this Court has directed admission of the said candidate in MBBS course for the academic year, 2011-12, in Dharmapuri Medical College. Writ Appeal filed against the said decision in W.A.No.1586 of 2011 was also dismissed by the First Bench of this Court on 21.09.2011 and finally, the College granted admission to the said candidate in the first year MBBS Course for the academic year 2011-12, which was reported compliance in Contempt Petition No.1196 of 2011, dated 29.09.2011. 7. Applying the said principles to the facts of this case as well as Clause 13(5) contained in the Prospectus, issued for the admission of B.S.M.S. Course for the academic year 2011-12, the petitioner is entitled to succeed in the writ petition.Hence, the writ petition is disposed of, giving liberty to the petitioner to approach the 2nd respondent, along with a copy of this order and on production of the order, the 2nd respondent is directed to give the selection order to the petitioner in B.S.M.S Course in Government Siddha Medical College, Chennai, so as to enable the petitioner to report for admission before the said college on the said date.No costs.Consequently, connected Miscellaneous Petitions are also closed.