The Madras High Court today restrained Tamil Nadu government from issuing admission cards to MBBS course aspirants this year till an appeal on allowing students of previous year for the course was settled, but allowed the counselling process to proceed.
A division bench comprising justices Sathish K Agnihotri and M Venugopal gave the directive on an appeal by MBBS aspirant Kabilan, challenging the June 12 interim order by a single judge came up before it.
The single judge in his interim order on the batch of petitions had said that considering students who passed Plus Two in earlier academic years for admission to MBBS and BDS courses this year would be subject to outcome of the petitions challenging a related Government Order.
Advocate General A L Somayaji and Special Government Pleader D Krishnakumar submitted that only 548 MBBS seats would go to earlier year students.
When the bench said it would not allow counselling till the issue is settled, the AG and SGP said admission cards would not be issued.
The court then said "Counselling can go on but no admission shall be done till Monday when the bench will hear all the matters."
After both sides accepted the court's suggestion that a joint memo be filed for transfer of the main case pending before the single judge to the division bench to enable it hear it, the judges said all petitions before the single judge will also be transferred to it.
Several students had moved court, stating that over 4670 students of the previous year, taking advantage of low cut off marks this year, had applied for counselling for MBBS.
Counsel for the appellant had contended that the single judge order was "contrary to law, manifestly erroneous, unjust and unconstitutional".
Allowing persons of the previous years to compete with the students who have taken up examination this year will result in treating unequals as equals, he had submitted.
