MAKING AN EXCEPTION
HC asks TN to reserve med seat for RTE student next year
K.Kaushik@timesgroup.com
Madurai: 09.04.2021
Madras high court has directed Tamil Nadu government to ‘reserve’ one medical seat next year for a girl student ‘on priority basis’ under 7.5% quota provided for students who studied from Class VI to Class XII in government schools. She, as an RTE quota student, had studied in a private school till Class VI.
It is, however, not clear whether she would be eligible for a medical seat next year, on the basis of her performance in NEET this year. NEET score is valid for the current year only.
The case relates to a case filed by Sabhana’s father, stating that she had studied in a private school under RTE quota, Noting that she did Class VII to Class XII in a government school, he said she is eligible for admission under 7.5% quota. He, however, said that while filling the application form, she had marked ‘no’ against a column which asked if she had studied in a government school from Class VI to Class XII.
Justice V Parthiban, deciding the case in her favour, said the state ought to have had a separate column for students who studied in private schools under RTE quota.
Due to the absence of any specific column for RTE category students, the valuable right of Sabhana for being consideredunder 7.5%quota hadbeen denied to her, said Justice Parthiban, adding: "No amount of consolation from the state authorities could compensate the loss suffered by the petitioner's daughter at the crucial stage of higher educational pursuits.”
The judge observed that the dream and hope of the student to pursue medical education should not be shattered on account of a fault of the authorities who had not clearly framed or formulated the application form.
Observing that the state government is under moral and legal obligation to consider her admission, Justice Parthiban asked the state to explore the possibilities to accommodate the student in this academic year in any leftover vacancy due to the candidates non-joining the course.
After being informed of the closure of the admission process, the judge directed the state to reserve a seat for the student andprovideher admission next academic year on a priority basis in medical courses in terms of her overall standing in the merit list under 7.5% quota, if she is interested in taking up the course to be offered to her.
It was the state’s case that had the student approached the counselling authority immediately, her name could have been included for extension of 7.5% preferential admission this year.
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