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MBBS Govt School Quota in TN: Aided School considered as govt school
Tamil Nadu: Providing a great relief to an aspirant seeking MBBS admission under the government school quota, the Madras High Court has held that a Thanjavur based aided school is a government school as the institution is being managed by district administration.
With this, the court directed the concerned authorities that the petitioner should be considered as a student who studied in a government school during the MBBS admission process.
In October 2020, the Tamil Nadu government issued an order regarding the implementation of the 7.5% quota within the existing reservation in MBBS, BDS, Ayush courses for the students of the state government's higher secondary school.
In his petition, the aspirant had submitted that under the provisions of Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to Students of Government Schools Act 2020, students of aided schools managed by the state government should be entitled to seek admission under government school quota.
the key word occurring in Section 2(c) is "managed by government department". This statutory definition will have to receive a purposive construction. The object of enacting this legislation is to extend the benefit of reservation to economically disadvantaged students who have passed out of Government schools. Therefore, I have to adopt such a construction as would effectuate the legislative object.
When the writ petition came up for admission on 23.12.2020, the learned Judge felt that the petitioner must be considered as a student who studied in government school and gave interim direction to keep one seat vacant. During counselling, the petitioner was allotted M.B.B.S. seat in Sivagangai Medical College subject to the result of the writ petition. Since I have held that the Rajah's Higher Secondary school, Thanjavur, is a Government school within the meaning of Section 2(c), the seat allocation made in favour of the writ petitioner is made absolute.
Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.