Madras High Court
R. Shanmugapriya vs The Secretary on 21 August, 2014
Author: V. Ramasubramanian
Bench: V. Ramasubramanian
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2014 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P. No. 17119 of 2014 & M.P. No. 1 of 2014 R. Shanmugapriya ..Petitioner Vs. 1. The Secretary, Public Health and Family Welfare, Secretariat, Chennai 600 009. 2. The Secretary, Department of School Education, Secretariat, Chennai 600 009. 3. The Vice Chancellor, Dr MGR Medical University, 69, Anna Salai, Guindy, Chennai 600 032. 4. The Director of Medical Education, Kilpaukam Medical College, Chennai. 5. The Principal, St. Joseph Cluny Matriculation Higher Secondary School, Block 25, Neyveli, Cuddalore District 607 803. 6. Medical Council of India, Sector 8, Pocket 14, Dwarka, New Delhi 110 077. 7. The Secretary, Selection Committee for MBBS, O/o. The Directorate of Medical Education, Kilpauk, Chennai. (R7 impleaded suo motu as per order dated 07.07.2014 by MSNJ) ..Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 4th respondent to consider the petitioner's application for admission to MBBS and consequently,direct the 4th respondent to call for the petitioner for the counselling to be held on 03.07.2014 for an admission to MBBS course. For Petitioner :: Mr.A. Saranraj For Respondents :: Mr.R. Vijayakumar, AGP for R1, R2, R4 & R7 Mr. Sanjay Ramasamy for R3 Dr.Fr.A. Xavier Arulraj for R5 O R D E R
The petitioner has come up with the above writ petition seeking a mandamus to direct the respondents to consider her as a candidate belonging to Scheduled Caste for the purpose of admission to MBBS course.
2. Heard Mr.A. Saranraj, learned counsel for the petitioner and Mr.R. Vijayakumar, learned Additional Government Pleader for respondents 1, 2, 4 and 7, Mr.Sanjay Ramasamy, learned counsel for the 3rd respondent and Dr.Fr.A. Xavier Arulraj, learned counsel for the 5th respondent.
3. This is a very unfortunate case where the petitioner's father has a community certificate issued wayback on 01.02.1989 to the effect that he belongs to Hindu Parayan community. The petitioner also has a certificate issued wayback on 07.01.2000 to the effect that she belongs to Hindu Parayan community, classified as a Scheduled Caste. She has secured 471 marks out of 500 marks and she has secured cut-off marks of 195.25.
4. Unfortunately, in the application form, in the OMR sheet submitted by her to the Selection Committee, she presented herself as a candidate belonging to Open Category. Her school records also do not reflect that she belongs to Scheduled Caste communtiy. Since her application claimed her to be belonging to Open Category and her school records also are to the same effect, she was not selected. Upon later realisation, she has come up with the above writ petition.
5. If only the petitioner had filled up the application form properly, despite the school certificates not reflecting her community status, she might have been eligible for consideration under the Scheduled Caste category. But, since her application also indicated her only to be an Open Category candidate, now, nothing can be done for the current academic year, especially, since two rounds of counsellilng are already over and the respondents already filed a statement before this Court that all seats have been filled up.
6. Therefore, the writ petition is dismissed. However, the respondents, as and when the petitioner applies for the next year, shall treat her as belonging to Scheduled Caste. This will be, despite, what is reflected in the transfer certificate issued by the school authorities. No costs. Connected M.P. is closed.
nv 21.08.2014
V. RAMASUBRAMANIAN,J.
nv
To
1. The Secretary,
Public Health and Family Welfare,
Secretariat, Chennai 600 009.
2. The Secretary,
Department of School Education,
Secretariat,
Chennai 600 009.
3. The Vice Chancellor,
Dr MGR Medical University,
69, Anna Salai,
Guindy,
Chennai 600 032.
4. The Director of Medical Education,
Kilpaukam Medical College, Chennai.
5. The Principal,
St. Joseph Cluny Matriculation
Higher Secondary School,
Block 25, Neyveli,
Cuddalore District 607 803.
6. Medical Council of India,
Sector 8, Pocket 14,
Dwarka, New Delhi 110 077.
7. The Secretary,
Selection Committee for MBBS,
O/o. The Directorate of
Medical Education,
Kilpauk, Chennai.
W.P. No. 17119 of 2014
21.08.2014