Madras High Court
S.Preethi vs The State Of Tamil Nadu on 16 February, 2021
W.P.No.2746 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2021
CORAM
THE HONOURABLE THIRU JUSTICE B.PUGALENDHI
W.P.No.2746 of 2021
and
W.M.P.Nos.3084 & 3085 of 2021
S.Preethi ...Petitioner
Vs.
1.The State of Tamil Nadu,
Rep by its Principal Secretary to Government,
Department of Health and Family Welfare,
Fort St.George, Chennai - 600 009.
2.The State of Tamil Nadu,
Rep by its Principal Secretary to Government,
Department of School Education,
Fort St.George, Chennai - 600 009.
3.The Director of Medical Education,
O/o.The Directorate of Medical Education,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai - 600 010.
4.The Selection Committee,
Rep by the Secretary/Additional Director,
Directorate of Medical Education,
162, Periyar EVR High Road,
Kilpauk, Chennai - 600 010.
5.The Director of School Education,
DPI Campus, College Road, Chennai - 600 006.
6.The Chief Educational Officer,
1/8
https://www.mhc.tn.gov.in/judis/
W.P.No.2746 of 2021
Thiruvannamalai,
Thiruvannamalai District.
7.The Headmistress,
St.Annes Girls Higher Secondary School,
Chetpet, Thiruvannamalai District.
8.The National Medical Commission of India,
Pocket 14, Sector - 8,
Dwaraka Phase - 1,
New Delhi - 110 077. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus calling for the
entire records in pursuant to the call letter issued to the petitioner
calling her to attend MBBS/BDS admission 2020-2021 session
counselling in Management Quota and quash the same and with a
consequential direction to the respondents 1 to 5 to admit the
petitioner in MBBS Course based on her NEET marks in any of the
Government Medical Colleges in accordance with the Tamil Nadu
admission to undergraduate courses in Medicine on preferential basis
to students of Government Schools Act, 2020 (Tamil Nadu Act No.34
of 2020) and in the light of the judgment of the Hon'ble Supreme
Court in S.Krishna Saradha Vs. State of Andhra Pradesh in Civil
Appeal No.1081 of 2017 which is reported in (2019) SCC Online SC
1609 within the time period stipulated by this Court.
For Petitioner : Ms.M.R.Sakunthala
For Respondents : Mr.E.Manohar, Spl.G.P(R.1 &
R.3)
Mr.Abdul Saleem, SC (for R.4)
Mrs.P.Kavitha, GA (R.2,R.5 &
R.6)
Mr.V.P.Raman, SC (for R.8)
2/8
https://www.mhc.tn.gov.in/judis/
W.P.No.2746 of 2021
ORDER
The petitioner who studied in an aided school has filed this Writ
Petition for availing reservation of 7.5% quota which has been
announced by the Government vide Government Schools Act, 2020
(Tamil Nadu Act No.34 of 2020).
2.Considering a similar request, Madurai Bench of this Court in
W.P.(MD).No.16375 of 2020 dated 18.11.2020 has passed an order
dismissing the Writ Petition as follows;
"8. After careful consideration of the
recommendations of the Commission, the State
Legislature, in order to bring about real equality between
the Students who studied in Government Schools and in
Private Schools, by unanimous resolution, passed the Act,
namely, Tamil Nadu Admission to Under Graduate Courses
in Medicine, Dentistry, Indian Medicine and Homeopathy
on preferential basis to students of Government Schools
Act, 2020 (Tamil Nadu Act No.34 of 2020) and
subsequently, assent has also been given, setting apart
7.5% on preferential basis to the Students, who have
studied from Standard VI to Standard XII in State
Government Schools and qualified in NEET Exam. To this
effect, the Government has also passed the Government
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W.P.No.2746 of 2021
Order in G.O.(Ms)No.438, Health and Family Welfare
(MCA.1) Department, dated 29.10.2020.
9. The term “Government Schools” is defined in
Paragraph No.8(ii) of the said Government Order and the
same is extracted as under:
“The 'Government Schools' mean and includes
Panchayat Union Primary and Middle Schools,
Adi-Dravidar Welfare Schools, Municipal /
Corporation / Tribal Welfare Schools, Kallar
reclamation BC / MBC / Differently-Abled
Welfare / Forest / Social Defence (Borstal
Schools) Department Schools and Residential
– Access Schools. Further, children belonging
to weaker section and disadvantaged group
who have studied upto eighth standard in a
specified category school or an unaided
school, as per clause (c) of sub-section (1) of
Section 12 of the Right of Children to Free and
Compulsory Education Act, 2009 and studied
all remaining standards upto Higher Secondary
Course in the Government School shall be
deemed to be 'Students studied in
Government Schools'.”
10. Any Student, who seeks admission under the
Act, has to satisfy paragraph no.8 of the aforesaid
Government Order. It is an admitted case that the
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W.P.No.2746 of 2021
petitioner's daughter, except in Standard VI, has studied
all other classes in Government Schools. The study
undertook by the Child in a Aided Private School in
Standard VI would definitely be a bar for the petitioner's
daughter to claim admission under the preferential quota
for Government School Students, as she cannot be termed
as a Student studied in Government Schools.
11. The learned Counsel appearing for the petitioner
further contended that when the Students, who have
studied upto Standard VIII in a specified category school
or an unaided school under the Right of Children to Free
and Compulsory Education Act, 2009, and studied the
remaining standards upto Higher Secondary in
Government Schools are accepted to be Students studied
in the Government Schools in general, satisfying
paragraph no.8(ii) of the Government Order, it is clearly a
discrimination to bar the Students, who have studied upto
Standard VIII in an aided school under the Right of
Children to Free and Compulsory Education Act, 2009. But,
this issue cannot be taken into consideration.
12. This Court sympathizes with the petitioner's
daughter. However, if any relaxation is given in this
petition, it will open up a pandora's box and there will not
be any limit. Therefore, the argument put forth by the
learned Counsel appearing for the petitioner stands
rejected.
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W.P.No.2746 of 2021
13. In fine, this writ petition is dismissed. No costs.
Consequently, connected miscellaneous petitions are
closed.
3.In view of the orders passed in W.P.(MD) No.16375 of 2020,
this writ petition stands dismissed. No costs. Consequently, the
connected miscellaneous petitions are closed.
16.02.2021
mrm
Index : Yes/No
Internet : Yes/No
To
1.The State of Tamil Nadu,
Rep by its Principal Secretary to Government,
Department of Health and Family Welfare,
Fort St.George, Chennai - 600 009.
2.The State of Tamil Nadu,
Rep by its Principal Secretary to Government,
Department of School Education,
Fort St.George, Chennai - 600 009.
3.The Director of Medical Education,
O/o.The Directorate of Medical Education,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai - 600 010.
4.The Selection Committee,
Rep by the Secretary/Additional Director,
Directorate of Medical Education,
162, Periyar EVR High Road,
Kilpauk, Chennai - 600 010.
https://www.mhc.tn.gov.in/judis/
W.P.No.2746 of 2021
5.The Director of School Education,
DPI Campus, College Road, Chennai - 600 006.
6.The Chief Educational Officer,
Thiruvannamalai,
Thiruvannamalai District.
7.The Headmistress,
St.Annes Girls Higher Secondary School,
Chetpet, Thiruvannamalai District.
8.The National Medical Commission of India,
Pocket 14, Sector - 8,
Dwaraka Phase - 1,
New Delhi - 110 077.
https://www.mhc.tn.gov.in/judis/
W.P.No.2746 of 2021
B.PUGALENDHI,J.
mrm
W.P.No.2746 of 2021
16.02.2021
https://www.mhc.tn.gov.in/judis/
