The Madras High Court today asked the state government to keep a post graduate medical seat vacant for an NRI candidate saying she appears to have been denied admission despite securing higher than the cut-off marks in the NRI category.
A vacation bench of Justice R Mahadevan gave his order on a plea by Abu Dhabi-based NRI candidate, Dr S Shwetha, who has challenged the provisional eligibility list for admission to the post-graduate degree/diploma courses under the NRI quota in self-financing medical colleges under deemed universities in Tamil Nadu.
Challenging the May 15 list of the selection committee of the Directorate of Medical Education (DME), Dr Shwetha has sought publication of a fresh list.
"The counsel for the petitioner produced all the required documents along with the marks secured in NEET examination. It is apparent on the face of the records that the petitioner secured higher marks and her opportunity for admission for the said course has been rejected," said Justice Mahadevan.
"Hence, as an interim measure ..... The authorities (have) to keep one seat vacant pending disposal of writ petition," the judge said, issuing his direction to the state health secretary and the DME.
Dr Shwetha, residing earlier in Chennai, had passed MBBS in 2015 from a private medical college and had also completed CRRI (Compulsory Rotatory Residential Internship) on April 23, 2015.
In her petition, she said she was also given by the Tamil Nadu Medical Council the permanent medical registration certificate to practise her profession.
Meanwhile, she said, she got married and started living with her husband in Abu Dhabi from 2015 and obtained an NRI status as she stayed abroad for more than 182 days. Accordingly, she applied for entrance to the PG medical courses under the NRI quota.
In the petition, she said the NRI seats were available in the self-financing medical colleges and those under deemed universities for the academic year 2017-18. She applied for admission under the management and the NRI quotas.
Stating that there were over 100 seats available under NRI quota in self-financing colleges as well as deemed universities put together, the petitioner claimed that 25 were available in Sri Ramachandra University alone under the above quota.
The petitioner claimed if counselling is held on the basis of impugned provisional eligibility list and seats are filled accordingly, the seats to be filled under the NRI quota would be transferred to management quota, hitting the admission prospects of the NRI candidates.
Accordingly, she prayed to the court to quash the provisional eligibility list and sought for a direction to publish a fresh list, taking into account all the seats available under the NRI quota both in self-financing medical colleges and deemed universities in Tamil Nadu and permit her to participate in the counselling.
The judge, accordingly, asked the petitioner to produce all documentary evidence before the selection committee on May 23 and asked the authorities to file their reply to the petitioner's plea, if they are not satisfied with the evidence submitted by her.
The court posted the matter for further hearing on June 2.
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