S G BALAMURUGAN Vs. SECRETARY

JUDGEMENT

(1.) This Writ Petition has been filed for issuance of a writ of mandamus, to direct the first respondent to admit the petitioner for the M.Ch.Surgical Gastro Enterology for the academic year 2003-2004 under the service category in accordance with the merit list given to the petitioner for the said faculty.

(2.) The brief facts necessary for disposal of this Writ Petition are as follows :

(3.) Learned Senior Counsel Mr. Vijayan, appearing for the petitioner, has submitted that, once option is available for two courses, then the admission right should be extended to both the courses under counselling; the respondent denied the petitioner's entitlement to another choice,namely, M.Ch.Surgical Gastro Enterology, on the ground that it was not his first choice; such process of selection is contrary to the enabling provision and the very purpose of option and selectivity on the basis of merit will be meaningless; even assuming if the petitioner has not secured adequate marks in the first choice, he will be automatically entitled to the second choice, but he has done well under both the choices; while so, the respondent ought not to have denied the petitioner's right; the very purpose of writing separate entrance examination for both the choices will be defeated, if the successful candidate is denied his right of choice and the respondent has committed an error apparent on the face of the record, by refusing to call for the counselling of both the options of super speciality courses, which the petitioner was entitled to. The learned Senior Counsel brought to the notice of this Court the provisions of Clauses 22,30 and 62 in support of his contention.