CHENNAI: A vacation judge of the Madras High Court has rejected a plea from a group of doctors for a direction to the authorities concerned to admit them in the PG medical degree/diploma courses under the State quota for 2018-19.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.
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.
Contrarily, they cannot come out with a writ petition stating that more chances are to be given to them for purpose of choosing the branch of study or choice of their place, Justice S M Subramaniam observed. He was dismissing a batch of 17 writ petitions from Dr J Yogesh and 16 others, on May 10 last.The petitioners said they had not been given an opportunity to avail themselves of the State quota as per the admission scheme and now they are prevented without any valid reason. They passed the NEET, scoring high marks. Their names were included in the all-India-level rank list and admissions were allotted to them. However, their names ought to have been incorporated in the State rank list too and in the event of such incorporation, they will be getting a choice of their branch and college.
By curtailing their 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, petitioners contended. 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 is on account of pendency of litigations before this court.