, the High Court dismissed a writ petition seeking mandamus for admission to an MBBS course. The petitioner failed to submit original certificates by the deadline despite an allotment order, and the deadline exceeded the permissible waiting period for document verification.
Writ of Mandamus dismissed; petitioner not permitted to join the MBBS Course.
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W.P.No.11407 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.11407 of 2022 &
W.M.P.Nos.10939, 10941 & 10943 of 2022
Samuel Raja
... Petitioner
vs.
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6.The Principal, Madha Medical College and Hospital, Kundrathur Main Road, Kovur, Chennai – 600 122.
7.The Director, NEET Examination, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi – 110 092. ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the respondents to permit the petitioner to join the MBBS Course for the Session 2021-2022 in the sixth respondent college based on the seat allotted to him in the extended mop-up counselling vide allotment order dated 08.04.2022 of the fourth respondent Selection Committee under the management quota or any other vacant seat under the management quota.
(Prayer amended vide order dated 07.06.2022 made in W.M.P.No.12095 of 2022 in W.P.No.11407 of 2022)
For Petitioner : Ms.Abisha Isaac for M/s.Isaac Chambers For Respondents 1 to 3 : Mr.K.H.Ravikumar Government Advocate For Respondent 4 : Ms.Sneha, Standing Counsel For Respondent 5 : Mr.Imayavarman For Respondent 6 : Mr.P.Wilson Associates
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ORDER
This writ petition has been filed for a mandamus seeking for a direction to the respondents to permit the petitioner to join the MBBS Course for the Session 2021-2022 in the sixth respondent college based on the seat allotted to him in the extended mop-up counseling vide allotment order dated 08.04.2022 of the fourth respondent Selection Committee under
the management quota or any other vacant seat under the management quota.
sixth respondent college under the management quota for the session 2021-
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2022 after the extended mop-op counseling conducted by the fourth respondent Selection Committee. The petitioner was issued an allotment order to join the sixth respondent college on 08.04.2022. The petitioner had earlier joined a medical college in Bangladesh and it is the contention of the petitioner that the original certificates were submitted to the said institution in Bangladesh and therefore, on the date of issuance of allotment order ie., on 08.04.2022, the petitioner was not in possession of the original certificates. Hence, the petitioner had given an undertaking to the sixth respondent college on 09.04.2022 that he will produce the original certificate as soon as possible. Since the original certificates were not produced by the petitioner, the sixth respondent college has allotted the seat to another student.
deadline fixed pursuant to the directions given by the Hon'ble Supreme Court for finalising the admission is 28.04.2022.
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fixed by the Hon'ble Supreme Court as 28.04.2022 for completion of admission, the question of admitting a student beyond the said deadline will not arise.
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college at Chenani only on 23.04.2022 ie., beyond 18.04.2022 which is the deadline for submission of the certificates/documents by the petitioner.
writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
24.08.2022
nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders
ABDUL QUDDHOSE, J.
nl
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To
NEET Examination, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi – 110 092.
W.P.No.11407 of 2022
24.08.2022
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1 issue framed by the court
Whether the petitioner is entitled to seek admission beyond the deadline fixed by the Supreme Court due to delay in obtaining certificates.
Samuel Raja
State of Tamil Nadu Rep. by its Secretary, Department of Health and Family Welfare
Director of Medical Education
Additional Director of Medical Education, Chennai Region
Secretary, The Selection Committee, Directorate of Medical Education
Tamil Nadu Dr.MGR University Rep. by its Registrar
Abdul Qudhosse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
