Madras High Court
A.Priyanka vs The Principal Secretary on 3 February, 2022
W.P.(MD) Nos.1134 and 1135 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)Nos.1134 and 1135 of 2022
and
W.MP(MD)Nos.948 and 952 of 2022
(Through video Conference)
A.Priyanka .. Petitioner
in W.P(MD)No.1134 of 2022
K.Sukisha .. Petitioner
in W.P(MD)No.1135 of 2022
Vs.
1.The Principal Secretary,
Department of Health and Family Welfare,
Fort St.George, Secretariat,
Chennai- 600 009.
2.The Additional Director of Medical Education,
Secretary, Selection Committee,
162, Periyar EVR High Road, Kilpauk,
Chennai-600 010. .. Respondents
in both cases
COMMON PRAYER: Writ Petitions filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, to direct the
_____________
Page Nos.1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.1134 and 1135 of 2022
respondents to consider the petitioner for admission to MBBS/BDS
Degree Courses in Tamil Nadu Govt., Medical/Dental Colleges, I.R.T.
Medical College, Perunthurai, Erode for the academic year 2021-2022 in
forthcoming UG Medical Counseling on 27.01.2022 onwards under the
defence quota by equal distribution of seats among the priorities I to IX
any by increasing seats proportionate with the current increased seats on
the basis of the order passed in W.P(MD)No.17414 of 2018 dated
08.05.2019 and as per order passed in W.A.(MD)No.610 of 2019 dated
19.08.2021 and on the basis of G.O.(Ms).No.1142 Health and Family
Welfare Department, dated 30.06.2019 and based upon the petitioners'
representations dated 23.12.2021 and 24.12.2021.
In both cases:
For Petitioner : K.K.Kannan
For R1 : Mr.S.Shanmugavel
Additional Government Pleader
For R2 : Mr.D.Ghandiraj
Special Government Pleader
COMMON ORDER
Since the issue raised in both the writ petitions are common and
common arguments were also advanced, a common order is passed.
_____________
Page Nos.2/7
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.1134 and 1135 of 2022
2.The writ petitioner in W.P.(MD)No.1134 of 2022, A.Priyanka had
filed the writ petition in the nature of mandamus, seeking consideration
for admission to MBBS/BDS Degree Course in Tamil Nadu Government
Medical/Dental Colleges, I.R.T. Medical College, Perunthurai, Erode, for
the academic year 2021-2022. It must be mentioned that UG Medical
counseling has commenced. The petitioner claims that her application
may be considered under the category of wards/daughter of defence
personnel.
3. The petitioner in W.P(MD)No.1135 of 2022, K.Sukisha also
claims the same consideration as wards/daughter of defence personnel. It
must be kept in mind that normally, some priority was given to
dependents of Ex-servicemen, but, the Government of Tamilnadu had
passed G.O(D)No.33 Health and Family Welfare (MCA-1)Department,
dated 10.01.2022, recognising the fact that even serving defence
personnel are also putting their lives on the line for the sake of the
security of the nation and therefore, their children, who have aspiration to
join MBBS/BDS courses also be considered to a little extent on a priority
basis.
_____________
Page Nos.3/7
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.1134 and 1135 of 2022
4. By this particular Government Order referred above, the
Government, after considering the Division Bench order in W.A(MD)No.
610, dated 19.08.2021, had brought an amendment to include also
wards/dependents of serving personnel. It is pointed out by
Mr.D.Ghandiraj, Special Government Pleader that though other States and
the Central Government gives only 2%, Government of Tamilnadu had
increased the quota from 6 to 11 seats, ie., 10 seats for MBBS course and
1 seat for BDS course and in these increased seats, the dependents of
service personnel are also to be accommodated.
5. It is the contention of the learned counsel for the petitioners that
there must be equal distribution during consideration of the wards of Ex-
servicemen and Servicemen, who are now in service. However, the
Government Order has increased number of seats on the basis of the
judgment passed in W.A(MD)No.610 of 2019, dated 19.08.2021. I would
leave it to the realm of the second respondent, while distributing seats for
wards of Ex-servicemen/Service personnel to deeply consider the
direction given in W.A(MD)No.610 of 2019, dated 19.08.2021,
particularly, the direction in paragraph No.19. Moreover, G.O(D)No.33
_____________
Page Nos.4/7
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.1134 and 1135 of 2022
Health and Family Welfare (MCA-1)Department, dated 10.01.2022, must
also be kept in mind and be followed in letter and spirit by the authorities.
6. With such observation, these writ petitions are disposed of. No
Costs. Consequently, connected miscellaneous petitions are closed.
03.02.2022
Index : Yes / No
Internet : Yes / No
PJL
Note:In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
Advocate/litigant concerned.
To
1.The Principal Secretary,
Department of Health and Family Welfare,
Fort St.George, Secretariat,
Chennai- 600 009.
_____________
Page Nos.5/7
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.1134 and 1135 of 2022
2.The Additional Director of Medical Education,
Secretary, Selection Committee,
162, Periyar EVR High Road, Kilpauk,
Chennai-600 010.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
_____________
Page Nos.6/7
https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.1134 and 1135 of 2022
C.V.KARTHIKEYAN, J.
PJL
W.P.(MD)Nos.1134 and 1135 of 2022
03.02.2022
_____________
Page Nos.7/7
https://www.mhc.tn.gov.in/judis
