IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.09.2008 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.NO.20777 of 2008 & M.P.No.1 of 2008 E.Sheela ..Petitioner -vs- The Secretary, Selection Committee Commissionerate of Indian Medicine and Homeopathy Arignar Anna Govt.Hospital of Indian Medicine Campus Arumbakkam Chennai 106 ..Respondent Writ Petition filed under Article 226 of Constitution of India praying for a writ of mandamus directing the respondent to provide a seat for admission in the Course of B.S.M.S. in any Government Siddha Medical College for the academic year 2008-2009 to the petitioner herein. For petitioner : Mr.G.R.Prasad for Mr.S.Saravanakumar For respondent : Mr.K.H.Ravikumar, G.A O R D E R Heard the learned counsel for the petitioner and the learned counsel for the respondent. By consent, the Writ Petition itself is taken up for final disposal. 2. The petitioner and her cousin sister Thamilarasi have applied for B.S.M.S. (Bachelor of Siddha and Medical Science)and she belonged to Scheduled Caste Community and her aggregate mark is 126 https://hcservices.ecourts.gov.in/hcservices/ marks having 474 as her rank. The petitioner was sent a counselling letter for selection along with her sister, directing her to appear for counselling on 19.8.2008. Her sister was called for counselling on the previous day i.e on 18.8.2008. The petitioner's sister attended the counselling and she was informed that she has to produce the original mark sheets. However, it is not in dispute that the petitioner's sister got selected under the Government quota and allotted a seat on the Government Siddha Medical College, Palayamkottai to be admitted on or before 29.8.2008 subject to verification and production of original mark sheets. It was on the belief that the petitioner also should produce original mark sheet, which she was not presently having, the petitioner was unable to attend the counselling on 19.8.2008. Under these circumstances, the petitioner has filed the present Writ Petition for a direction against the respondent to provide a seat for admission in the first year BSMS course in any of the Government Siddha Medical College for the academic year 2008-2009. 3. In the counter affidavit filed by the respondent, it is stated that while the petitioner belonged to Scheduled Caste Community and she has applied for BSMS Course, the last person belonged to S.C.community, who was admitted in the said Course had the mark of 141. Since the petitioner's cut off mark is 126, there is no possibility for the petitioner to be admitted in the Government Siddha Medical College. It is also stated that the petitioner has not even attended the counselling on 19.8.2008, inspite of intimation given to her and therefore she is not entitled to for admission as prayed for in this Writ Petition. 4. As far as the petitioner's sister is concerned, it is the case of the respondent that she has got admitted, since her cut off mark was 181.75 and therefore on merit also she was allotted a seat in the Government Siddha Medical College. 5. The learned counsel for the respondent also produced the records to substantiate their contention that the last person, who was admitted in the Government Siddha Medical College on S.C.quota got 141 cut off mark and therefore there is no chance for the petitioner to be accommodated in the Government College. 6. While admitting this Writ Petition, this Court has also directed one seat to be kept vacant. On direction from this Court, the learned counsel for the respondent on instructions would submit that there are seats available for self-financing college under the Government quota and that is Akila Thiruvithancore Siddha Medical College, K.K.District. He would also fairly submit that inasmuch as the Government sponsored seat in the said self-financing college in respect of the S.C.quota has not yet been filled and there are vacancies available, the petitioner could be considered in that College to be sponsored under the Government quota. He would also https://hcservices.ecourts.gov.in/hcservices/ submit that as a candidate to be sponsored to the self-financing Private College, the petitioner should be prepared to pay the fees which are to be paid by any candidate, who is sponsored by the Government under the Government quota, to which the learned counsel for the petitioner would fairly submit that he has no objection. 7. On reference to the particulars in the self-financing College, it is seen that the S.C.quota has not been filled up. In such circumstances, considering the fact that the vacancy should not go waste, I am of the considered view that a direction should be given to the respondent to sponsor the name of the petitioner to the said self-financing College under the Government quota. 8. In view of the same, the Writ Petition is disposed of with a direction to the respondent to permit the petitioner to join in Akila Thiruvithancore Siddha Medical College, K.K.District for the academic year 2008-2009 in BSMS course under the seats earmarked for the Government quota by sending necessary intimation to the petitioner. Such intimation shall be sent by the respondent to the petitioner within one week from the date of receipt of a copy of this order. In such event, the petitioner shall be bound to pay whatever the amount of fees liable to be paid by any candidate sponsored by the Government under the Government quota in self-financing college. 9. The Writ Petition is disposed of on the above terms. No costs. In view of the disposal of the Writ Petition, the interim order passed by this Court on 26.8.2008 stands vacated. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ajr To The Secretary, Selection Committee Commissionerate of Indian Medicine and Homeopathy Arignar Anna Govt.Hospital of Indian Medicine Campus Arumbakkam Chennai 106 https://hcservices.ecourts.gov.in/hcservices/ 1 CC to the Government Pleader, SR NO.54638 1 CC To Mr.S.Saravanakumar, Advocate, SR NO.54527 W.P.NO.20777 of 2008 ssv(co) pmk/25.9.2008. https://hcservices.ecourts.gov.in/hcservices/