IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 16-06-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.5741 of 2009 and M.P.Nos.1 to 3 of 2009 1.Dr.S.Kalaiselvan 2.Mr.K.Kartik 3.Mr.B.Nirmal 4.Dr.K.Durga 5.Dr.D.Balamurugan .. Petitioners. Versus 1.The Secretary Selection Commitee, Directorate of Medical Education, No.162, Periyar E.V.R.High Road, Kilpauk, Chennai-600010. 2.The State of Tamil Nadu, rep. By its Secretary to the Government, Health and Family Welfare Department, Fort St. George, Chennai-600 009. .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a writ of Certiorarified Mandamus, calling for the records pertaining to the prospectus issued by the 1st respondent for the Entrance Examination for admission to the Post Graduate (PG) Degree/Diploma/MDS/5 years M.Ch. (Neuro Surgery) courses in Tamil Nadu Government Medical Colleges for the year 2009-2010 and quash the same in so far as it pertains to the criteria for awarding marks under the head EXPERIENCE for rural service and hilly area service in drawing up the merit list for the admission to the PG course in the State of Tamil Nadu for the service quota under the heading MERIT LIST and consequently direct the respondents to fill the service candidates only within the 50% seats that are reserved for service quota for the Post Graduate courses so that the petitioners who are non-service candidates will avail the benefit of getting a seat in the remaining 50 seats in the PG course. For Petitioners : Ms.C.Uma For Respondents : Mrs.Dhakshayani Reddy Government Advocate O R D E R
Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents.
2. This writ petition has been filed praying for a writ of certiorarified mandamus, to call for the records and to quash the prospectus issued by the first respondent for the entrance examination for admission to the Post Graduate (PG) Degree/Diploma/MDS/5 years M.Ch. (Neuro Surgery) courses in Tamil Nadu Government Medical College for the year 2009-2010, in so far as it relates to the awarding of marks for experience in rural service and hill area service, while preparing the merit list for the admission of the candidates in the post graduate courses under the service quota and for other consequential orders.
3. At this stage of the hearing of the writ petition, it has been brought to the notice of this Court that a detailed order had been passed by a learned Single Judge of this Court in a batch of writ petitions, arising under similar circumstances, as in the present case, in W.P.Nos.2089 of 2009 etc., on 1.4.2009, denying the reliefs sought for by the petitioners therein. The said order has been confirmed by a Division Bench of this Court by an order, dated 10.4.2009, made in W.A.No.397 of 2009.
3. The earlier writ petitions had been dismissed by this Court by referring to the various decisions of the Supreme Court, wherein, it had been held that it is permissible to assign a reasonable weightage to the services rendered in rural or tribal areas, by the in-service candidates, for the purpose of determining the inter se merit of the candidates. In such circumstances, this Court finds no merit in the present writ petition. Hence, the writ petition stands dismissed. No costs. Consequently, connected M.Ps are closed.
csh
To
1.The Secretary
Selection Commitee,
Directorate of Medical Education,
No.162, Periyar E.V.R.High Road,
Kilpauk, Chennai-600010.
2. The Secretary
2.The State of Tamil Nadu,
Health and Family Welfare Department,
Fort St. George,
Chennai 600 009