though may have an application to the candidates, such as the petitioner, having been selected under the State quota, it thus apply to a case of discontinuation. There is no express prohibition for a candidate, who has already selected though for a diploma course from being considered for a post graduate degree course. Admittedly, the petitioner has been selected on merit. Therefore, Clause 45 of the Prospectus, as such, cannot have any application since no discontinuation is involved. It is the specific case of the respondents in the counter affidavit filed that the petitioner was allowed to take up M.D., Pathology Degree course at Annamalai University not only based upon undertaking given but also to avoid wastage of a post graduate seat in a non clinical speciality at Annamalai University. Thus, the object and rationale behind Clause 45 of the Prospectus has been achieved. To put it differently, had the petitioner not been allotted the M.D., Pathology Degree course at Annamalai University, the said seat would have gone waste. The petitioner having been given the seat based upon merit though different counselling, it cannot be found fault with. The undertaking given by her also cannot be put against her for the simple reason that there were no other degrees for M.D., (Pathology) degree course. A right coupled with the corresponding duty cannot be evaluated in terms of money.
