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2014 DIGILAW 3655 (MAD)

Dean, Velammal Medical College v. E. Sneha Preethi

2014-09-25

M.JAICHANDREN, R.MAHADEVAN

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Judgment : M. Jaichandren, J. 1. These writ appeals are focussed as against the order of the learned Judge, dated 05.06.2014 passed in W.P(MD)No.16039 of 2013. 2. For the sake of convenience, the parties are referred according to their litigative status in the writ petition. 3. Short facts necessary for the disposal of both the writ appeals, are as follows: 3.1. The writ petitioner passed the Higher Secondary examination in March 2013 and secured 1147 marks. She decided to apply for M.B.B.S. Course in the self financing medical colleges under management quota. Therefore, she submitted an application on 20.08.2013 vide Application No.3003 to the sixth respondent. The writ petitioner made her first preference to the seventh respondent college for joining the M.B.B.S. course. On 23.09.2013, the result was published and the writ petitioner got 131st rank in the merit list. She approached the seventh respondent in person and requested for admission. She was directed to come on 26.09.2013 by stating that the processing was going on, but, according to the petitioner, the seventh respondent mala fidely denied her admission. Therefore, she made a complaint to the fifth respondent who in turn, vide communication dated 24.09.2013, directed the seventh respondent to offer their remarks, forthwith, by fax. The seventh respondent unlawfully denied the seat to the petitioner. Therefore, the writ petitioner had come before this Court with the writ petition. 3.2. In the counter affidavit filed by the seventh respondent, it is contended that 53 candidates out of 65 candidates who opted the seventh respondent college as their first choice had been admitted, but the writ petitioner had not come for admission with the relevant certificates while the admission was going on from 24.09.2013 to 26.09.2013. The petitioner approached the seventh respondent on 23.09.2013 along with the downloaded copy of her rank statement without any other certificates. As the said rank statement had not revealed as to whether the petitioner had chosen the seventh respondent college as first choice, she was informed that the admission would be made on receipt of the choice/rank list from the sixth respondent. The writ petitioner was advised to confirm the receipt of the said list by the college over phone and come for admission. However, a communication dated 24.09.2013 was received from the second respondent stating that the writ petitioner was denied admission. The writ petitioner was advised to confirm the receipt of the said list by the college over phone and come for admission. However, a communication dated 24.09.2013 was received from the second respondent stating that the writ petitioner was denied admission. Hence, the seventh respondent sent a communication to the petitioner to report for admission on 26.09.2013, but, the writ petitioner had not come to the college for admission till 26.09.2013 and while so, admission to 53 seats were filled up. Accordingly, the seventh respondent prayed for the dismissal of the writ petition. 3.3. Upon consideration of the rival submissions, the learned Judge held that the writ petitioner was not entitled for admission to the M.B.B.S. Course, but, she was only entitled to a sum of Rs.3,00,000/- (Rupees Three lakhs only) as compensation payable by the Dean, Velammal Medical College Hospital and Research Institute, Madurai, which shall be paid by the said College within eight weeks from the date of the receipt of a copy of the order. 3.4. Aggrieved by the dismissal of the writ petition, the writ petitioner filed W.A.(MD)No.948 of 2014, whereas the College filed W.A.(MD)No.922 of 2014, challenging the order of the learned Judge in directing to pay compensation to the writ petitioner. 4. We have considered the rival submissions and perused the materials available on record, including the order of the learned Judge of this Court. 5. After elaborate arguments and submissions by either side, the learned Counsel for the appellant in W.A.(MD)No.922 of 2014, submitted that the appellant in W.A.(MD)No.948 of 2014, who is placed in 131 in the merit list, can very well join in M.B.B.S., Course - 2014-2015, by producing all the relevant original certificates as stipulated in column Nos.9 and 11(b) of the Prospectus, for which, the learned Counsel for the appellant in W.A(MD)No.948 of 2014, also agreed upon. 6. Accordingly, the appellant in W.A.(MD)No.948 of 2014, shall comply with the conditions as stipulated in column Nos.9 and 11(b) of the Prospectus and produce all the relevant original certificates before the College, on 26.09.2014, before 04.00 p.m., without fail. On such production of all the relevant original certificates as directed, the appellant in W.A.(MD)No.922 of 2014, shall admit the appellant in W.A(MD)No.948 of 2014, in M.B.B.S., Course - 20142015, after collecting necessary fees as fixed by the Fee Committee. On such production of all the relevant original certificates as directed, the appellant in W.A.(MD)No.922 of 2014, shall admit the appellant in W.A(MD)No.948 of 2014, in M.B.B.S., Course - 20142015, after collecting necessary fees as fixed by the Fee Committee. It is also made clear that since this order is passed by consent of both the parties, we have not gone into the merits of the case put forth by either side. 7. In fine, both the writ appeals stand disposed of as above. Consequently, all the connected miscellaneous petitions are closed. No costs.