Petitioner sought cancellation of a candidate's MBBS admission at JIPMER Karaikal for dual nativity claims and admission to the resultant Internal Puducherry Domicile SC quota seat before the admission deadline. The court directed him to approach the concerned authority, which was told to consider his case on merits in accordance with law expeditiously.
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W.P.No.36275 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.36275 of 2024 and W.M.P.No.36153 of 2024
P.Dharageswaran
... Petitioner
Vs.
Rep by its Dean (Academic), JIPMER Academic Campus, FCI Link Road, Kovilpathu, Karaikal 609 602.
Department of Health and Family Welfare Services Cum Nodal Officer (Medical Education), Puducherry.
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W.P.No.36275 of 2024
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to declare admission of the fifth respondent to the first year MBBS Course in JIPMER, Karaikal for the year 2024-25 as cancelled and consequently, to direct the third respondent to notify the resultant vacancy caused in the seat under Internal Puducherry Domicile SC Quota for the year 2024-25 to the second respondent, so as to conduct special counselling pertaining to the said vacancy, allowing the petitioner to participate and to grant him admission to the first year MBBS Course in JIPMER, Karaikal on the basis of his eligibility under Puducherry Internal Domicile SC quota well prior to 30.11.2024.
For Petitioner : Mr.K.Venkataramani for Mr.M.Ravi For Respondents : Mr.K.Srinivasa Moorthy for R1 & R2 Mr.M.T.Arunan for R3 & R4
O R D E R
This Writ Petition has been filed seeking a direction to the fourth respondent to declare admission of the fifth respondent to the first year MBBS Course in JIPMER, Karaikal for the year 2024-25 as cancelled and consequently, to direct the third respondent to notify the resultant vacancy caused in the seat under Internal Puducherry Domicile SC Quota for the year 2024-25 to the second respondent, so as to conduct special counselling
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W.P.No.36275 of 2024
pertaining to the said vacancy, allowing the petitioner to participate and to grant him admission to the first year MBBS Course in JIPMER, Karaikal on the basis of his eligibility under Puducherry Internal Domicile SC quota well prior to 30.11.2024.
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W.P.No.36275 of 2024
in JIPMER, Karaikal. The 5th respondent had applied for Government quota
MBBS seat in the State of Tamil Nadu by claiming her nativity as State of
Tamil Nadu and suppressing the same, she had also applied for the Medical
seat at JIPMER by claiming nativity of Puducherry. For which, the petitioner submitted a detailed representation dated 19.11.2024 to the 4th respondent. The 4th respondent, by its proceedings F.No.12002/0611/BOME/DHFWS/2023-24, dated 19.11.2024 declared that the admission of the 5th respondent shall be withhold/ dismissed from claiming any seat under Internal – Puducherry UT Domicile quota in JIPMER- Puducherry and Karaikal and further, directed her to appear before the undersigned for further enquiry. The petitioner who has detected the fraud committed by the 5th respondent, is the only eligible candidate pursuing for the seat under SC quota in the 3rd respondent Institution. The last date for admission of MBBS seats for the year 2024-25 is 30.11.2024. Hence, the petitioner has no other option except to approach this Court by way of this petition.
the letter received from the Directorate General of Health Services, Nirman Bhawan, New Delhi dated 28.11.2024 addressed to him and submits that the
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W.P.No.36275 of 2024
Deputy Director General of Health Services, has received a letter dated 27.11.2024 from the State Counselling Authority informing that the admission of the 5th respondent has been cancelled on the ground of dual nativity claim. The learned counsel also submits that till 23.11.2024, there was no information regarding cancellation of seat by JIPMER, Karaikal. The relevant portions of this letter dated 28.11.2024 are extracted hereunder:
“ 4.It is hereby informed that the undersigned office was in receipt of a letter dated 27.11.2024 from the State Counselling Authority that admission of Abhinaya (respondent No.5 herein) has been cancelled pertaining to dual nativity claim. Furthermore, as the results of Special Stray Counselling of AIQ NEET UG Counselling were declared on 23.11.2024 and till that time, there was no information regarding cancellation of seat by JIPMER, Karaikal. (Copy attached)
5. In pursuance of the same, it is suggested that the counselling for this particular seat may be done by JIPMER itself before 5th December 2024 (last date of admission) and the seat may be awarded to the candidate next in line of merit.”
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W.P.No.36275 of 2024
petitioner and also taking note of the letter dated 28.11.2024 of the Directorate General of Health Services, this Court directs the petitioner to
approach the concerned authority for redressal of his grievance and the concerned authority is directed to consider the case of the petitioner on its own merits and in accordance with law as expeditiously as possible.
29.11.2024
vkr Index : Yes / No Speaking order / Non-speaking order
Note: Issue order copy on 29.11.2024
To
Rep by the Secretary to Government, Ministry of Health and Family Welfare, New Delhi.
2.The Medical Counselling Committee of Directorate General of Health Services, Rep by ADG (ME) & Member Secretary, MCC, Ministry of Health and Family Welfare, Government of India, New Delhi.
3.JIPMER,
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W.P.No.36275 of 2024
Rep by its Dean (Academic), JIPMER Academic Campus, FCI Link Road, Kovilpathu, Karaikal 609 602.
4.The Director,
Department of Health and Family Welfare Services Cum Nodal Officer (Medical Education), Puducherry.
VIVEK KUMAR SINGH, J.
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W.P.No.36275 of 2024
vkr
W.P.No.36275 of 2024 and W.M.P.No.36153 of 2024
29.11.2024
Page 8 of 8
1 issue framed by the court
Whether the admission of the fifth respondent to MBBS at JIPMER Karaikal should be cancelled for dual nativity and the resultant SC quota vacancy offered to the petitioner.
1 provisions across 1 enactments
P.Dharageswaran
Union of India, Rep by the Secretary to Government, Ministry of Health and Family Welfare, New Delhi
The Medical Counselling Committee of Directorate General of Health Services
JIPMER, Karaikal
The Director, Department of Health and Family Welfare Services Cum Nodal Officer (Medical Education), Puducherry
Abhinaya.S
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
