No legal right to choose medical school or branch
Even as the PG medical admissions in the state is bogged by a string of litigation, the Madras High Court has held that an opportunity to participate in the process of admission or selection will not confer any legal right for choosing a place of their choice or branch.
By : migrator
Update: 2018-05-21 18:16 GMT
Chennai
Dismissing a batch of writ petitions seeking to include their name in the selection list for PG medical courses counselling under Tamil Nadu State quota for 2018-2019, Justice S M Subramaniam said, “If at all, these writ petitioners are eligible to avail the seats for admission to PG. Medical Courses under the State Quota, then they are at liberty to opt for the same. However, such a claim cannot be considered as a legal right, to grant a relief, as such, sought for in these batch of writ petitions.”
The petitioners, including Dr J Yogesh, had contended that they must be provided with an opportunity to avail the courses of their choice and the College, since they have secured higher mark in the NEET examination.
By curtailing their opportunity in State level counselling, they are deprived of their right of availing various branch of PG. Medical Courses, in the State institutions, they submitted.
However, Justice Subramaniam on questioning as to under which provisions of law, these petitioners acquire legal rights to have such a choice of availing a branch or college at their choice, said, “Only if any violation is committed by the competent authorities, then alone the students can move the writ petitions for eradicating such discriminations or violations. No such instances are now brought to the notice of this court since state ranking list is yet to be published.”
“Thus, in all means, the State should ensure that the merit ranking list is published without any further delay by obtaining necessary orders from the Courts and at the time of filling up the seats for PG. Medical Courses, the competent authorities are bound to scrupulously follow the regulations and the instructions provided in the prospectus,” the judge added before dismissing the writ petitions.
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