While considering a petition seeking issuance of mandamus directing the respondent to forthwith permit the petitioner to participate in the 3rd round of State Counselling for PG Courses 2023 under Linguistic Minority Category, the Madras High Court refuses to issue such mandamus for participation in the third round of counselling, however, allows the petitioner to participate in the mop-up / stray vacancy counselling.

A Single Judge Bench of Justice Anita Sumanth observed that “nothing to be gained by issuing a direction to the respondent to consider the application as the discrepancies in facts would preclude a decision favorable to the petitioner. One cannot, as the petitioner counsel urges, assume that the fields in the application form have been filled in mechanically and without application of mind”,

Advocate K. Selvaraj appeared for the Petitioner whereas Advocate M. Sneha appeared for the respondent.

The brief facts of the case were that the petitioner is an aspirant for P.G. Course. She has written the NEET PG examination in 2023, having applied under the OBC category. The petitioner had submitted an online application for PG Medical Counselling under Management Quota. The application of the petitioner was admittedly incomplete as the linguistic minority certificate, in which quota she seeks admission was not enclosed along with the application. Also admittedly, the application for issuance of a linguistic minority certificate was filed by her only in the first week of July 2023 just a few days before the application for PG Counselling was uploaded. Based on her application, Tehsildar issued a Certificate. A request was sent to a respondent for enclosing the online application as well as the certificate. Having received no response, the petitioner approached the Bench to permit her to participate in the third round of the counselling for P.G. Courses.

After considering the submission, the Bench noted that the very application filed by the petitioner contains several contradictions with the facts that are now put forth.

The Bench also pointed that the cases relied upon by the petitioner are premised upon the position that the candidates in those cases admittedly possessed the requisite qualifications and the certificates were only a formality.

“The primary facts are in dispute in this case, and this dispute arises from the documents of the petitioner, being her application and the writ affidavit”, added the Bench.

The Bench also added that “The application is placed at pages 27 and 28 of the typed-set. At column 5(c), the mother tongue of the petitioner is stated to be 'Tamil' and not 'Telugu' as averred at paragraph 3 of the writ affidavit. Then again, at column 14(c) under the head 'Claim for Linguistic Minority', the petitioner has categorically averred 'No'”.

Hence, after considering that various factors militate against the claim of the petitioner, the High Court dismissed the petition.

Cause Title: Dr. K. Anukshethra v. The Selection Committee Directorate of Medical Education [Neutral Citation: 2023: MHC: 4468]

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Madras High CourtJustice Anita Sumanth

Pankaj Bajpai