Madras High Court
Dr.K.Anukshethra vs The Selection Committee on 3 October, 2023
2023:MHC:4468
W.P.No.28289 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.28289 of 2023
and W.M.P.No.27809 of 2023
Dr.K.Anukshethra .. Petitioner
vs
The Selection Committee
Directorate of Medical Education,
162, Periyar EVR High Road,
Kilpauk, Chennai – 600 010. .. Respondent
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of mandamus directing the respondent to
forthwith permit the petitioner to participate in the 3rd round of
State Counselling for PG Courses 2023 from 26.09.2023 to
06.10.2023 under Linguistic Minority Category by considering and
passing necessary orders on the representation of the petitioner
dated 21.09.2023.
For Petitioner : Mr.K.Selvaraj
For Respondent : Ms.M.Sneha
https://www.mhc.tn.gov.in/judis
1/8
W.P.No.28289 of 2023
ORDER
The petitioner is an aspirant for P.G. Course having passed
M.B.B.S in May, 2022. She has written the NEET PG examination in
2023, having applied under the OBC category. The petitioner had
submitted an online application for PG Medical Counselling under
Management Quota. The application of the petitioner was
admittedly incomplete as the linguistic minority certificate, in
which quota she seeks admission was not enclosed along with the
application. Also admittedly, the application for issuance of
linguistic minority certificate has been filed by her only in the first
week of July, 2023, as confirmed by learned counsel, just a few
days before the application for PG Counselling was uploaded.
2. Based on her application, the Tahsildar, Tirupur South,
issued a certificate on 28.08.2023 certifying that she belongs to
Hindu Boyar religion. A request was thus sent to the respondent on
21.09.2023 enclosing the online application as well as the
certificate and requesting the respondent / the Selection
Committee, Directorate of Medical Education to permit her to
participate in the ensuing counselling under Telugu Minority
Community (linguistic minority). Having received no response, the
https://www.mhc.tn.gov.in/judis
W.P.No.28289 of 2023
present writ petition has been filed seeking a mandamus directing
the respondent to permit her to participate in the third round of
the counselling for P.G. Courses from 26.09.2023 to 06.10.2023.
As on date, when the matter is listed for hearing, there are only
two days to go for conclusion of this stage of counselling.
3. In support of the writ petition, Mr.K.Selvaraj, who
appears for the petitioner would urge that a lenient view be taken
in the matter seeing as the petitioner had made an inadvertent
mistake by not enclosing the requisite certificate. He draws
attention to the fact that the Director General of Health Services
has issued instructions recently to the effect that the third round of
counselling be re-done by reducing the eligibility mark to Zero and
that the State has also, in compliance thereof, issued necessary
directions. Thus according to him, seeing as the third round of
counselling is be re-done anyway, there would be no harm in
permitting the petitioner to participate as well.
4. That apart, reliance is placed on the judgment of three
Judges of the Hon'ble Supreme Court in Dolly Chhanda v
Chairman, JEE and others (2005) 9 SCC 779, wherein reference is
made to an earlier judgment of the Apex Court in Charles K.Skaria
https://www.mhc.tn.gov.in/judis
W.P.No.28289 of 2023
v Dr.C.Mathew 1980 (2) SCC 752. These judgments are relied on
for the proposition that notwithstanding that the necessary
certification might be obtained later, the fact that the candidate
possessed necessary qualification was not in dispute even at the
time when the application was filed and hence the requirement of
a certificate was a mere formality.
5. Per contra, Ms.M.Sneha, who appears for the
respondent would oppose the writ petition on all fronts. She would
submit that two rounds of counselling are over and thus it is too
late in the day for the petitioner to approach this Court seeking
relief. She would point out that merit list has been prepared
containing the list of meritorious candidates and the order of
candidates would be unnecessarily and needlessly be disturbed if
the candidature of this petitioner is inserted therein. Incidentally,
she points out that it was for the petitioner to have exercised due
diligence in ensuring that all mandatory documents were available
in time as the prospectus is categoric on the documents to
accompany the application.
6. She would also point out that in similar cases, the
consistent stand of the Courts has been that all necessary
https://www.mhc.tn.gov.in/judis
W.P.No.28289 of 2023
annexures to the application must be filed at the relevant point in
time, without delay or compromise. In response, learned counsel
for the petitioner would only repeat his entreaty to the effect that
the representation of the petitioner may be considered
sympathetically.
7. Heard the rival contentions. The admitted position that
weighs with the Court is that the very application filed by the
petitioner contains several contradictions with the facts that are
now put forth. The application is placed at pages 27 and 28 of the
typed-set. At column 5(c), the mother tongue of the petitioner is
stated to be 'Tamil' and not 'Telugu' as averred at paragraph 3 of
the writ affidavit. Then again, at column 14(c) under the head
'Claim for Linguistic Minority', the petitioner has categorically
averred 'No'.
8. These factors militate against the claim of the
petitioner in this writ petition. The cases relied upon by the
petitioner are premised upon the position that the candidates in
those cases admittedly possessed the requisite qualifications and
the certificates were only a formality. However, even the primary
facts are in dispute in this case, and this dispute arises from the
https://www.mhc.tn.gov.in/judis
W.P.No.28289 of 2023
documents of the petitioner, being her application and the writ
affidavit. In such circumstances, the question of issuing mandamus
does not arise. In these circumstances, I also find nothing to be
gained by issuing a direction to the respondent to consider the
application as the discrepancies in facts would prelude a decision
favorable to the petitioner. One cannot, as the petitioner counsel
urges, assume that the fields in the application form have been
filled in mechanically and without application of mind.
9. This writ petition is dismissed. However, and as the
respondent counsel states that there may be opportunities
available to the petitioner to participate in the mop-up / stray
vacancy counselling, the petitioner may well explore such
opportunities. No costs. Connected miscellaneous petition is
closed.
03.10.2023
Index:Yes
Neutral Citation:Yes
ssm
To
The Selection Committee
Directorate of Medical Education,
162, Periyar EVR High Road,
Kilpauk, Chennai – 600 010.
https://www.mhc.tn.gov.in/judis
W.P.No.28289 of 2023
https://www.mhc.tn.gov.in/judis
W.P.No.28289 of 2023
DR. ANITA SUMANTH,J.
ssm
W.P.No.28289 of 2023
03.10.2023
https://www.mhc.tn.gov.in/judis
