Two Writ Petitions concerning the issuance of Eligibility Certificate and admission to MBBS Course in Medical Colleges in Madras were filed under Article 226 of the Indian Constitution. They were heard and decided upon together by Hon’ble Justice Anand Venkatesh.
Facts of the Case
The Writ Petition No.9898 of 2020 and No.9903 of 2020, both, had been filed to issue a Writ of Mandamus directing the State of Tamil Nadu and Selection Committee, Directorate of Medical Education to issue a statement immediately. The statement would be that all students who have completed 10+2 (Senior Secondary Certification) from recognised Open School Boards like National Institute of Open Schooling (NIOS) would be eligible and qualified for admission to Bachelor of Medicine and Bachelor of Surgery (MBBS) course for the academic year 2020-21 or any other following years in any one of the Medical Colleges in the State of Tamil Nadu based on their NEET marks.
The Writ Petitions further sought a direction to the Tamil Nadu Dr. M.G.R. Medical University to issue eligibility certificate to the petitioners to enable them to participate in the counselling and admission in the MBBS Course during the academic year 2020-21.
The matter was discussed at two hearings before the Court on 03.08.2020 and 04.09.2020.
Arguments before the Court
The counsel for the Selection Committee, Directorate of Medical Education submitted that a fresh prospectus had been issued. According to the new prospectus, the candidates who have completed 10+2 through National Institute of Open Schooling (NIOS) will also be eligible to participate in the counselling conducted by them. Such candidates will also be admitted in the respective medical colleges once they are found fulfilling all other qualifications.
The senior counsel appearing for the petitioners maintained that petitioners had already applied for the eligibility certificate before the Tamil Nadu Dr. M.G.R. Medical University. However, the said University had till date not issued it. The learned counsel further submitted that the petitioners will not be allowed to participate in the counselling process without eligibility certificate.
The counsel appearing for the Tamil Nadu Dr. M.G.R. Medical University submitted that the request made by the petitioner seeking for eligibility certificate will be considered in line with the fresh prospectus issued by the Selection Committee.
The Court observed that the issue of furnishing eligibility certificate to the petitioner stands clear in lieu of the fresh prospectus issued by the Selection Committee, Directorate of Medical Education. The said prospectus clearly states that those candidates who have completed 10+2 from National Institute of Open Schooling (NIOS) will also be eligible to participate in the counselling and will also be granted admission for the MBBS Course during the academic year 2020-21, subject to the candidates fulfilling all the other criteria.
The Court disposed of the Writ Petition by directing the Tamil Nadu Dr. M.G.R. Medical University to issue the eligibility certificate to the petitioner immediately so that he/she can participate in the counselling process thereafter.
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