The High Court of Judicature at Madras, in one of it's Orders dated 21 June 2019, held that it would be sufficient if one parent, instead of both, be a native of Tamil Nadu, to apply for medical seat in Tamil Nadu quota.
In the case of the petitioner, whose parent is an Exserviceman, the respondents have placed the candidature under Open quota. The contention of the petitioner is that, she had pursued education in Tamil Nadu and that her mother is a native of Tamil Nadu. The petitioner further states that her father was an Exserviceman and was employed in other state. The petitioner expected that this fact shouldn't bar her from competing for medical seat in Tamil Nadu quota.
If sub clause (b) to Clause 5 in the prospectus issued by the Directorate of Medical Education were to be strictly interpreted, both mother and father of the candidate should have been born in Tamil Nadu, so to consider for admission into MBBS/BDS course, in the native of Tamil Nadu quota.
However, the court viewed that, it might be possible that "in some case either one alone will be born in Tamil Nadu and the candidate will be residing at Tamil Nadu pursued the studies in Tamil Nadu as in the case of the petitioner" and thus, the court arrived at a conclusion that,"By no stretch of imagination such candidates can be termed as other state candidates."
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In the case of the petitioner, whose parent is an Exserviceman, the respondents have placed the candidature under Open quota. The contention of the petitioner is that, she had pursued education in Tamil Nadu and that her mother is a native of Tamil Nadu. The petitioner further states that her father was an Exserviceman and was employed in other state. The petitioner expected that this fact shouldn't bar her from competing for medical seat in Tamil Nadu quota.
If sub clause (b) to Clause 5 in the prospectus issued by the Directorate of Medical Education were to be strictly interpreted, both mother and father of the candidate should have been born in Tamil Nadu, so to consider for admission into MBBS/BDS course, in the native of Tamil Nadu quota.
However, the court viewed that, it might be possible that "in some case either one alone will be born in Tamil Nadu and the candidate will be residing at Tamil Nadu pursued the studies in Tamil Nadu as in the case of the petitioner" and thus, the court arrived at a conclusion that,"By no stretch of imagination such candidates can be termed as other state candidates."
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