Chennai: A petition filed by a group of doctors asking for directions to the authorities to admit them in the PG medical degree/diploma courses under the State quota for 2018-19 was rejected by a vacation judge of the Madras High Court.
Justice S M Subramaniam in his observation stated that petitioners cannot file a writ petition stating that more than one chance be given to them for purpose of choosing the course and place of study.
‘The right to participate in the process of admission is a fundamental right. Equal opportunity to participate in the admission process is a constitutional mandate. However, such an opportunity provided to participate in the process of admission or selection will not confer any legal right for the purpose of choosing a place of their choice or a branch, which is not contemplated either under the statute or under the prospectus issued to these students,’ he stated
‘The authorities competent are bound to follow the regulations issued by the Medical Council of India and the Centre and the procedures prescribed in the prospectus/instructions issued to the students. The prospectus was not under challenge. Thus, they had accepted the prospectus and the terms and conditions stipulated therein. In the event of any violation of terms and conditions stipulated in the prospectus, then alone the petitioners can move a petition for redressal of their grievances, ’ he added reports TNIE.
He mentioned the above while dismissing the petition filed by Dr J Yogesh and 16 others, on May 10.
The petitioners contended that they had not been given an opportunity to avail the State quota as per the admission scheme and now they are being prevented from seeking admission without any valid reason. They stated to have passed the NEET, with high marks. Their names were included in the all-India-level rank list and admissions were allotted to them. However, their grievance was of not having been incorporated in the State rank list too in order to avail choice of branch and college.
They said that by disallowing them the opportunity in respect of the State-level counselling, they were deprived of their right of availing themselves of various branches of PG medical courses in the State institutions.
Rejecting the plea, the judge pointed out that the State is not responsible for non-publication of State merit rank list to fill its quota. The delay was due to pending court litigations.