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Monday, January 19, 2009

Ruling on admission to medical colleges under all India quota


Ruling on admission to medical colleges under all India quota
Special Correspondent
Respondents directed to return petitioners’ certificates
CHENNAI: The Madras High Court has said that PG medical degree/diploma holders who applied for the courses through all India entrance examination for selection to seats under all India quota and were admitted to government medical colleges in the State in 2005-06 are not bound by the terms and conditions issued by the Tamil Nadu Government authorities in their prospectus.
In his order on a batch of petitions, Justice N. Paul Vasanthakumar said even if any candidate had executed bond, it would have no effect since they had not applied for admission under the impugned prospectus.
The Judge said candidates admitted under the State quota under the non-service category were bound by the terms of the bond executed by them pursuant to the prospectus. On completion of their course, they were bound to serve in government colleges/hospitals according to the availability of posts for three years, failing which it was open to the State government authorities to recover Rs. 2 lakh/Rs. 3 lakh as the case may be as per the bond conditions.
The court directed the respondents to return all the petitioners’ certificates within two weeks.
Super-speciality course
Mr. Justice Paul Vasanthakumar said no PG/Diploma holder, who completed their course or joined in government service temporarily as per the bond, should be denied opportunity of applying for super-speciality course. If they were selected, they should be permitted to undergo the course subject to the condition that the remaining period of service should be served in government institutions by the persons concerned after completion of their respective super speciality course. If not, it was open to the respondents to recover the bond amount with proportionate amount.
The case of the petitioners who were admitted under the all India quota was that they did not apply for admission to PG degree/diploma course before the respondents (State government authorities) as per the prospectus issued by the respondents for admission for 2005-06.
They appeared for all India entrance test in respect of all India seats. Based on their marks in the entrance examination and as per their choice of the course/colleges, they were selected and admitted to medical colleges in Tamil Nadu.
The candidates contended that the prospectus, particularly a Tamil Nadu G.O. issued in June last year as well as the circular issued by the Director of Medical Education of April this year were not applicable to candidates admitted on the basis of selection made under the all India quota.

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