JUDGMENT : 1. This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to allow the petitioner to participate in re-counselling scheduled to be held on 05.12.2018 for admission to BSMS/BAMS/BNYS/BUMS/BHMS Courses for the year 2018-2019. 2. The case of the petitioner is that she is a meritorious student and was placed with remarkable intelligency. Further, she recited 1330 Thirukurals even while studying in L.K.G. itself and was awarded with a certificate by “Deiveeka Sidhantha Ilakiya Mandram”; on 02.08.2006. She was also conferred with title “Thirukkural Maamani”; by “Thalainagar Thamizhsangam”; on 24.07.2011 and even World Tamil Research Centre, Tharamani also awarded certificate on the 66th Birth Anniversary of former Chief Minister, Selvi. J.Jayalalitha certifying that she had participated in Thirukural Recitation Competition, while studying in VIII Standard. 3. The further case of the petitioner is that she has secured 483 out of 500 marks in S.S.L.C. Examination and again, she has secured 1027 out of 1200 marks in H.S.C. Examination. After she secured 483 marks out of 500 marks in S.S.L.C. Examination, she was asked to continue in the same school by waiver of the fees. After passing Higher Secondary Examination by securing 1027 out of 1200 marks, she has also applied to BSMS/BAMS/BNYS/BUMS/BHMS Courses for the year 2018-2019. The cut off mark of the petitioner is 157.25 out of 200 as per Clause 10 of the Prospectus of the 2nd respondent. The respondents had published the General Merit List for U.G. Courses in Indian Medicine and Homoeopathy 2018-2019 in their website www.tnhealth.org(http://www.tnhealth.org/online notification/ notification/N18101584.pdf). But the name of the petitioner was not included on the ground that she has not completed 17 years of age as on 31.12.2018 as per Clause 3 of the said prospectus. Hence, earlier, she came to this Court seeking a Writ of Declaration to declare that the Clause-3 of the Prospectus issued by the 2nd respondent for admission to BSMS/BAMS/BNYS/BUMS/BHMS courses for the year 2018-2019 as unconstitutional and ultravires and for consequential direction, directing the respondents therein to include the petitioner’s name in the General Merit List for U.G. Courses in Indian Medicine and Homoeopathy 2018-2019 published by the respondents without reference to clause 3 of the Prospectus issued by the 2nd respondent for the year 2018-2019. 4. 4. This Court considered the special talents possessed by the petitioner that she is a child prodigy which could be seen from her marks secured in the S.S.L.C. Examination which has been again repeatedly shown in the Higher Secondary Examination by securing 1027 out of 1200 marks and also considered the special talents as stated supra which would be evident from the various certificates issued by various organisations and referred the relevant rules for Eligibility to seek admission in Bachelor of Sidha Education which is given as under: 2. Eligibility for admission: The eligibility to seek admission in Bachelor of Sidha education are as under: (a) 12th standard with science or any other equivalent examination recognised by University or Boards with at least fifty per cent, aggregate marks in the subjects of Physics, Chemistry and Biology. (b) For reserved category or special category like physically handicapped students in 10+2, they shall be given relaxation in marks for admission in Bachelor of Siddha Medicine and Surgery as per rules for time being in force. (c) Candidates shall have passed Tamil as one of the subjects in the 10th standard or in Higher Secondary Course. (d) Candidates who are not covered with clause (c) above, have to study Tamil as a subject during the First Professional Course. (e) For foreign students any other equivalent qualification to be approved by the concerned authorities may be allowed. Thereafter, this Court by order dated 22.11.2018 made in W.P.No.29474/2018 held that when the petitioner has admittedly complied with the aforementioned admission qualifications, as per the amendment Notification dated 07.11.2016, the respondents cannot rely upon the Old Notification dated 13.10.2006 issued for Siddha by citing the age factor that she has not completed 17 years of age as on 31.12.2018 and issued a direction to the respondents to permit the petitioner to take part in the counselling for the B.A.M.S. Course on 23.11.2018 with a further direction that if she is found eligible in the counselling in terms of amended notification, to admit her in Maria Ayurveda Medical College, Kanyakumari District. 5. Now the grievance of the petitioner is that since she is hailing from a poor family situated at Chennai, although she is able to get an admission in Maria Ayurveda Medical College, Kanyakumari District, she is not in a position to bear the hostel fees and other tuition fees. 5. Now the grievance of the petitioner is that since she is hailing from a poor family situated at Chennai, although she is able to get an admission in Maria Ayurveda Medical College, Kanyakumari District, she is not in a position to bear the hostel fees and other tuition fees. Hence, she wants to take part in the recounselling scheduled to be held on 05.12.2018 for getting admission in a nearby area. But she was not permitted to take part. Therefore, she has once again approached this Court by way of filing this Writ Petition. 6. Mr.A.Kumar, learned Additional Advocate General appearing for the respondents 1 and 2 referring to Clause 15 (xv) in the Prospectus issued by the Indian Medicine and Homoeopathy Department opposed the prayer made by the petitioner stating that unless the petitioner joins in the Maria Ayurveda Medical College, Kanyakumari District, within a stipulated time, she is not permitted to take part in the recounselling scheduled to be held on 05.12.2018. In this regard, it is relevant to extract Clause 15(xv) of the Prospectus of the 2nd respondent here under: “Re-allotment will be available only for those who have joined the course within the stipulated time.” 7. Mr.R.Senthil Kumar, learned Counsel appearing for the petitioner submitted that the petitioner is hailing from a poor family back ground and if she is forced to pay Rs.1,50,000/ in Maria Ayurveda Medical College, Kanyakumari District, then, she will not be able to take part in the recounselling going to be held on 05.12.2018 because, if she is selected in any other college, again, she has to pay the tuition fee which is not possible for her family. Therefore, a relaxation may be granted. The learned Counsel further submitted that since there are 4 vacancies in Sri Sairam Ayurveda Medical College, Chennai for B.C. Candidates wherein the cut off mark is only 154 and the petitioner has secured cut off mark as 157.25, she may be permitted to take part in the re-counselling. Further, in Sri Sairam Siddha Medical College, Chennai, 2 vacancies for BC candidates and in Velu Mailu Siddha Medical College, Sriperumbudur, one vacancy for BC candidates are available. 8. Further, in Sri Sairam Siddha Medical College, Chennai, 2 vacancies for BC candidates and in Velu Mailu Siddha Medical College, Sriperumbudur, one vacancy for BC candidates are available. 8. The learned Additional Advocate General appearing for the respondents 1 and 2 submitted that the petitioner is not eligible to take part in the re-counselling in the aforesaid colleges since the cut off marks in the said colleges for B.C. candidates are 173.25 and 163.75 respectively. 9. Considering the facts and circumstances of the case and the peculiar fact that the cut off mark for B.C. candidates to apply for Sri Sairam Ayurveda Medical College, Chennai is 154 whereas the petitioner has secured cut off mark as 157.25 and also the fact that the petitioner is a child prodigy and placed with remarkable talents, this Court exempts the petitioner from Clause 15(xv) of the Prospectus issued by the Indian Medicine and Homoeopathy Department and directs the respondents to permit the petitioner to take part in the recounselling scheduled to be held on 05.12.2018. It is made clear that this order cannot be cited as a precedent for any other candidate. 10. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.