Nativity Clause in MBBS Admsisions: TN HC issues notice to Centre, State Governments

Chennai: In view of the petition challenging certain clauses in the MBBS and BDS admissions prospectus released by the Directorate of Medical Education and Selection Committee (TN Health); the Madurai Bench of Madras High Court has issued notices to the Central government and the state of Tamil Nadu.

In her submission before the HC bench of Justice R Suresh Kumar, the petitioner urged that clauses 5 (b) to 5 (f) pertaining to the nativity of candidates, clause 10 (i) on Round 2 counselling and clause 13 regarding All India surrendered seats to be declared “unconstitutional.”

The petitioner had contended against the following clauses mentioned in the prospectus for MBBS and BDS admissions in Tamil Nadu based medical and dental colleges for this academic year.

Clause 5. NATIVITY:

• (b) Candidates belonging to Native of Tamil Nadu and having studied from Standard VI to Standard XII in schools of Tamil Nadu need not submit their “Nativity Certificate”. However, such candidates should produce the true copies of their parent’s certificates such as Birth Certificate, Ration Card SSLC / 10th / 12th / Degree / Diploma / Professional course. In case, parents are not literate, then-No Graduation Certificate for parents, from the Revenue Authority of competent jurisdiction, to substantiate their parent’s place of birth in Tamil Nadu and also “Parent’s Community Certificate to claim the communal reservation”. If the candidates do not submit the above-mentioned certificates, then the candidates will be considered under Open Category only.


• (c) Candidates belonging to other States who are residing at Tamil Nadu cannot claim nativity of Tamil Nadu and they will be considered under Open Category.


• (d) The other State candidates who are not native of Tamil Nadu and have studied from Standard VI to XII in Tamil Nadu will be considered under Open Category.


• (e) Permanent Residence Certificate in lieu of Nativity Certificate will not be accepted.


• (f) Candidates who are Native of Tamil Nadu, but studied from VI Standard to XII Standard outside Tamil Nadu either partly or completely in one or more States should produce the true copies of their parent’s certificates such as Birth Certificate, Ration Card, SSLC / 10th / 12th / Degree / Diploma / Professional course. In case, parents are not literate, then No Graduation Certificate for parents, from the Revenue Authority of competent jurisdiction, to substantiate their parent’s place of birth in Tamil Nadu and also “Parent’s Community Certificate to claim the communal reservation”. If the candidates do not submit the above-mentioned certificates, then the candidate’s application will be summarily rejected.

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Clause 10. SECOND PHASE OF COUNSELLING

When a candidate is scheduled to attend the second phase of counselling, then the candidate has to pay the processing fee. The candidates who are waitlisted/allotted need not pay the processing fee.

• (i) Re-allotment / allotment for the vacancies arising due to not joining of the candidates allotted under State Quota and the unfilled seats from the All India Quota in Government Medical Colleges and newly created seats will be done on the basis of the rank following rule of reservation.

Clause 13. ALL INDIA SURRENDERED SEATS

• 15% of the total seats in each Government Medical Colleges and I.R.T Medical College, Perundurai, Erode and ESIC Medical College and PGIMSR, K.K.Nagar, Chennai and Rajah Muthiah Medical and Dental College, Annamalai University, Chidambaram and Tamil Nadu Government Dental College are reserved for All India Quota.


• If MBBS / BDS seats earmarked for All India Quota are unfilled by the Director-General of Health Services, New Delhi, then such unfilled seats will be added to the State seats. These unfilled seats will be filled up by the candidates from the rank list.

Thereafter, the petitioner demanded that separate counselling must be conducted for the transferred non-reporting and non-joining vacant seats in MBBS and BDS under 15% All India Quota (AIQ) with students who applied under the same quota.

Considering the plea, the high court ordered notice to the central and state governments and adjourned the case to a further date for the hearing, reports TOI.

The MBBS admission process in the state is going to close on 18.08.2019

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