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DR.BHAVANA BAIS versus DIRECTOR OF MEDICAL EDUCATION

High Court of Madras

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Dr.Bhavana Bais v. Director of Medical Education - WRIT PETITION NO.11452 of 2002 [2002] RD-TN 524 (26 July 2002)



IN THE HIGH COURT OF JUDICATURE AT MADRAS



DATED: 26/07/2002

CORAM

THE HONOURABLE MR.JUSTICE P.K.MISRA

WRIT PETITION NO.11452 of 2002

and

W.M.P.No.15459 of 2002

Dr.Bhavana Bais ... Petitioner -VS-

1.Director of Medical Education,

Directorate of Medical Education,

162, E.V.R.Periyar High Road,

Kilpauk, Chennai-600 010

2.The Secretary, Selection Committee

(PG Diploma/Degree/Five Year M.Ch.

(Neuro-Surgery) Courses,

162, E.V.R.Periyar High Road,

Kilpauk, Chennai-600 010

3.State of Tamilnadu, rep.,by

the Secretary to Government,

Health Department,

Fort St.George,

Chennai-600 009. ... Respondents. Writ petition is filed under Article 226 of the Constitution of India to issue writ of mandamus as stated therein. For petitioner ...Mr.R.Srinivasan

For respondents ...Mr.V.R.Rajasekar-Spl.GP.

:ORDER



Heard the learned counsel appearing for the parties. Though the matter is listed for considering the Miscellaneous Petition No.15459 of 2002, since the very same question is involved and the question is covered by the decision of the Supreme Court, on consent of both counsel, the main writ petition itself is taken up for disposal.

2.The petitioner has completed her M.B.B.S.course in December,1999 from the Coimbatore Medical College, which is affiliated to the Tamilnadu Dr.M.G.R.University. Though the petitioner hails from Gwalior, he had joined the Coimbatore Medical College on the basis of All India test, which is held for 15 of the seats in all the Medical Colleges in the Country. After completion of her M.B.B.S. Course, the petitioner was a candidate for the admission to PG Degree/Diploma/Five Year M.Ch. (Neuro-Surgery) Courses. She was allowed to appear for the examination on the basis of the interim order of this court. But her results have not been published. The objection of the respondents relates to question of nativity certificate of the petitioner and since the petitioner is not a permanent resident of Tamilnadu, it appears that the authorities are not considering the question of admission of the petitioner.

3.The question now raised relating to nativity certificate is covered by the decision of the Supreme Court reported in DR.PRACHI ALMEIDA vs. DEAN, GOA MEDICAL COLLEGE AND OTHERS (2001)7 Supreme Court Cases 640). The Supreme Court in the aforesaid decision filed, upholding the eligibility criterian, it was observed that such criteria relating to residents in a particular State, should not be made applicable to students, who have completed M.B.B.S. Course outside the home State on the basis of 15 of All India Quota. The relevant observations of the Supreme Court decision as contended in paragraphs 4,7 and 8 are extracted hereunder:- "4.We have to balance the interests of the students who had secured admission into the under graduate medical course on the basis of an all-India competition and the local students. In such cases, there is reservation at the graduate level and 15 of seats are to be filled by the common entrance examination on all-India basis, rest of the 85 seats to be filled by holding entrance examination at the State level. In 15 seats filled on all-India basis, students from one State have to migrate dehors their own choice to other States allotted to them for pursuing MBBS course on account of compulsions arising out of the enforcement of the said scheme. Eighteen States and Union Territories, apart from Jammu and Kashmir and Andhra Pradesh, provide postgraduate medical courses by pooling 25 seats to be filled on allIndia basis by a common entrance examination conducted by All India Institute of Medical Sciences. All MBBS qualified students can compete for admission without any restriction in this 25 quota and for filling the remaining 75 seats in postgraduate courses the States or Union Territories have adopted institutional preference, while some others, residential preference.

7.In the present case, we do not propose to examine the larger question of attaining uniformity in all postgraduate courses all over the country since we are not in a position to state on the material before us whether the institutional preference criteria adopted by a State or requirement of residence or both fully complies with the various decisions of this court adverted to by us in Dr.Parag Gupta case. We, therefore, think, it would be appropriate for the States concerned to achieve uniformity by adopting either institutional or residential preference in terms of the decisions of this court.

8.The petitioner having been selected in the 15 all-India quota, allowed to study in the State of Goa, obtained graduation. We do not think, her case should be ignored on the basis of non-fulfilment of residential requirement. The students falling under the 15 all-India quota should be allowed to participate to compete in the State where they studied irrespective of the rule of residence. The argument of unfair advantage does not appeal to us as all students have to attain a common standard with reference to the State in which they studied and the number of students of this nature will be very small. Out of students admitted in medical colleges in the State out of the 15 all-India quota, on completion of studies, many may prefer to return to their home State or take 25 all-India quota entrance examination and some others may not make necessary grade to compete with the local students. If they are also allowed to participate in the entrance test for admission to postgraduate medical courses, it will not disturb the balance to any extent but, on the other hand, achieve uniformity to an extent. This principle we have evolved on the dictates of necessity and the need for adjusting equities in the matter of fair and proper implementation of the scheme evolved for providing a quota of seats to be filled up on all-India basis of merit performance in the background we have set out above."

4.Keeping in view of the aforesaid decision, it is directed that the candidature of the petitioner should be considered on merit and steps for admission should be taken, if she is otherwise found eligible. However, it is made clear that the fact that the petitioner is not a permanent resident of Tamilnadu, she will not be considered as a ground for refusing admission. It is therefore directed that the result of the petitioner should be published and if it is found that the petitioner has secured required marks, she should be called for counselling and she should be admitted in the prescribed course. This exercise should be completed within two weeks from today. It is also made clear that the petitioner would be considered, if she is eligible and found fit within the zone of consideration. With the above directions, this writ petition is disposed of. Consequently, no order is necessary in W.M.P.No.15459 of 2002 and the same is closed.

26.7.2002

Office to note:-

Issue a copy of this

order by 29.7.2002.

Index:Yes

Internet:Yes

tsv.

To

1.Director of Medical Education,

Directorate of Medical Education,

162, E.V.R.Periyar High Road,

Kilpauk, Chennai-600 010

2.The Secretary, Selection Committee

(PG Diploma/Degree/Five Year M.Ch.

(Neuro-Surgery) Courses,

162, E.V.R.Periyar High Road,

Kilpauk, Chennai-600 010

3.State of Tamilnadu, rep.,by

the Secretary to Government,

Health Department,

Fort St.George,

Chennai-600 009

P.K.MISRA,J.

W.P.No.11452 of 2002 &

connected WMP.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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