Retired director moves Madras High Court to seek medical admission below 7.5% of booking quota

Retired Principal, S Munusamy has recently petitioned the Madras High Court for admission to the medical course under a 7.5% reservation quota for public school students under the Admission from Tamil Nadu to undergraduate courses in Medicine, Dentistry, Indian Medicine and Homeopathy on a preferential basis for students of the Public Schools Act 2020.

When the question was raised before Justice Dr. Anita SumanthMr. Munusamy claimed that he studied up to 10th standard in a public school, completing 10th standard in 1976. Thereafter he studied SSLC for a year (which is the entire course provided at the era) completing it in 1977.

He did his PUC at Vivekananda College, completing it in 1978. He qualified in Botany by completing his M.Phil. from the University of Madras in 1984, his B.Ed. from Madurai Kamarajar University and M.Ed. from Annamalai University. He joined the police service on 09.27.1987, but chose to serve as a teacher thereafter. He retired as director of the government upper secondary school in Velachery on 31.05.2017.

When the authorities had previously removed his name from the second list, the petitioner had applied to court for a mandamus order to consider his candidacy. The court had ordered the respondents to consider and decide its submissions.

On the basis of the contested order, the authorities rejected his request on the ground that the applicant had not studied from sixth to twelfth in a public school. Accordingly, this Motion in Brief has been filed.

According to the law, a student who has studied in a public school is defined as

Section 2(d) “Pupils who have studied in public schools” refers to children who have studied from the sixth standard to the upper secondary course in a public school and who have qualified for the national eligibility and entrance test.

According to the court, the petitioner has undoubtedly passed the second stage by obtaining 348 points in the NEET qualification exam. The difficulty was to declare that the petitioner had his schooling from the sixth to the upper secondary. The difficulty comes from the fact that there is no equivalent of

Upper secondary school at the time the petitioner was attending school and what was then available was only a one-year SSLC.

However, the court also noted that the applicant had completed eleven years of education, which is the maximum possible at that time in a public school and therefore found that he was eligible in letter and spirit for the benefit of the law.

The court also held that the fact that the admissions process has been completed by now should not stand in the way, as a prima facie case is established by the petitioner.

The court therefore ordered the authorities to examine the possibility of allocating a seat to the government college and to take the necessary measures by the next hearing date.

Case title: S. Munusamy c. The secretary and others.

Case no: WP No. 8964 of 2022

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