High Court comes to rescue of student

by bharathi 2010-11-19 09:45:17

Coming to the aid of a candidate for medical college admission who could not pay the fee before 5 p.m. on the date fixed following a road accident, and was denied admission, the Madras High Court has directed the authorities and the college to file counter in a week.

The case of S.Kiruthika, represented by her father, G.Shanmugam of Thanjavur, was that she scored 1,137 marks out of 1,200 in the Plus Two examination conducted in March 2010 with the cut-off mark for admission to MBBS course of 193.25 out of 200. She belonged to the Backward Class and on extension of counselling till September 30 the cut-off mark for government seat (merit) for MBBS course was fixed at 193 marks. In the extension of second counselling, she was allotted a seat in Sri Muthukumaran Medical College at Mangadu.

As she had taken a BDS seat on merit under the government quota in Ragas Dental College, Uthandi, she collected her original certificates and the TC from the dental college.

When she and her father went to the medical college for admission, they were asked to pay Rs. 4 lakh and Rs.2.19 lakh towards fees and other charges. Mr.Shanmugam was in the college with the amount to be paid from 11 a.m. on September 30. As she was not well, she could not accompany her father. Hence, she travelled by a car on September 30 from Thanjavur. When the vehicle neared Maraimalainagar, it met with an accident and she had to file a police complaint. She took another vehicle and reached the college by 5.45 p.m. Despite repeated requests she was denied admission.

She filed a writ petition. The medical college submitted it had admitted another candidate under the management quota after 5 p.m. on September 30.

A single Judge dismissed the petition observing that the petitioner's case was pathetic.

In spite of that, Kiruthika submitted the Judge could not grant the relief she prayed for because of Supreme Court judgments. However, the Judge directed Ragas Dental College to find out the possibility of accommodating the petitioner again in the institution.

Against this order, Kiruthika filed the present appeal. In its order, the First Bench comprising Chief Justice M.Y.Eqbal and Justice T.S.Sivagnanam directed the medical college to file all supporting documents to show that admission to a person other than Kiruthika was done on the same date by receiving amount in cash or cheque.

The college should also file documents to show that the amount received on that date was deposited in the respective bank. “Before we pass any harsh orders against the respondents (Tamil Nadu Government, Selection Committee and others) on the next hearing date i.e. November 29, 2010, we direct the respondents to file their respective counters.”

In the meantime, the validity of admission of Sanjeevi (admitted in her place) would be subject to the result of the writ petition.

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