Admission to integrated M.Ch should be on merit: court

http://www.hindu.com/2009/05/21/stories/2009052153720400.htm

Staff Reporter

“Any admission for 2009-10 contrary to the ruling shall stand set aside”

CHENNAI: The Madras High Court has ruled that the 5-year integrated M.Ch. (neurosurgery) course be treated as a superspecialty course and admission be made based only on merit without following the rule of reservation.

A division bench comprising Justices P.Jyothimani and Aruna Jagadeesan gave the ruling while disposing of two writ appeals and a writ petition. The Bench made it clear that for admission to the course the qualification shall not be undergraduation in medicine and any admission made for 2009-10 contrary to the above said ruling shall stand set aside. The writ appeals from Dr.N.Bharath and Dr.S.Deebalakshmi sought to quash a single judge order passed in May 2007, which had held that there was no unreasonableness in the roster system sought to be introduced by a Government Order. The writ petition sought to declare Clause 54(b) and annexure relating to the superspeciality 5-year course in M.Ch. (neurosurgery) under the prospectus for admission to post-graduate course for 2009-10 as invalid in so far as it provides for reservation in category of superspeciality post graduate medical course and reservation by roster as contrary to Article 15 of the Constitution.

He also submitted that it was also against the judgment of the Supreme Court and the provisions of Tamil Nadu Act 45 of 1994 relating to reservation to admissions. Petitioner, K.G.Arun Raj also prayed for a direction against the respondents to fill up seats from and out of service candidates as per the merit list and grant admission to him. The judges in their order said that the roster system is not application for admission to educational institutions as Section 4 of the Act of 45 of 1994 contemplates admission on an annual basis.

They also set aside Clause 8 of the prospectus/General instruction to candidates issued by the respondents for 2007-08 denying reservation in case the seats are lesser than eight.