Date:15/03/2003 URL: http://www.thehindu.com/2003/03/15/stories/2003031502831300.htm

Southern States - Tamil Nadu

SC directs T.N. Govt. to admit two students to MBBS

By Our Legal Correspondent

NEW DELHI MARCH 14 . The Supreme Court has directed the Tamil Nadu Government to admit two students in the MBBS course in government medical colleges within three weeks.

A Bench, comprising Justice Shivaraj V. Patil and Justice Arijit Pasayat, gave this direction on an appeal preferred by the MBBS Selection Committee challenging an order of the Madras High Court, which directed that the two students be admitted in government medical colleges.

Initially, N. Anirudhan and another student were given admission in the Perundurai Medical College. Following a direction to create additional seats to accommodate those affected by 50 per cent reservation, they filed writ petitions that they should be admitted in government medical colleges.

By an interim order, a single Judge had directed that they be given admission in government colleges and this was affirmed by a Division Bench. The appeal was directed against this order.

The selection committee submitted that seats were filled strictly complying with the apex court directions.

By giving admission to the respondents, virtually new seats had to be created for them which would be against the law laid down.

It was pointed out on behalf of the students that the data given by the authorities would show that misleading information was given and court directions had not been complied with.

Disposing of the appeal, the Bench held that it would be appropriate if the respondents were admitted in government medical colleges within three weeks. This direction would not amount to the creation of additional seats and had to be done within the strength of the sanctioned seats in the medical colleges concerned.

The Bench also made it clear that their admission would be without prejudice to the claims involved in the main petition pending before this court.