CHENNAI: The Madras High Court on Wednesday will pass orders on a public interest litigation petition, seeking to consider only the marks obtained in the common entrance test (CET), for MBBS/BDS admissions in Tamil Nadu.

When the matter came up before the First Bench on Tuesday, Advocate-General R. Viduthalai submitted that if this were done, at least 142 students, who would get MBBS admission if marks in Plus Two as well as the CET were taken into consideration, would be out of the list. The same number of candidates who had fared better in the CET would replace them.

"Follow the law"

Senior counsel K.M. Vijayan, who represented student T. Nikkin of Jolarpettai in Vellore district, however, said law should be followed even if some would be affected. "Let the law be followed strictly. Let the Government publish the CET merit list on website not only for medical, but also for engineering courses."

Insisting on admissions based on the CET alone, Mr. Vijayan said after the exercise was completed, the question of accommodating the "affected students" could be decided. As regards the argument of "legitimate expectations" of students who took the Plus Two and the CET and secured top ranks, he said: "To meet legitimate expectations the court cannot allow an illegality."

Concurring with him, the Bench, comprising Chief Justice A.P. Shah and Justice D. Murugesan, said there were different streams and boards at Plus Two level. "Students should have enough standard and commonness."

"Courts can't interfere"

In his submissions, Mr. Viduthalai said merely because there were two opinions on a matter, courts could not interfere. To eschew 12 years of academic performance by students and giving weightage to a day's performance in the CET would not reflect the merit of students.

Mr. Viduthalai said 1,458 MBBS seats were available for allotment this year. The first 1,500 rank-holders would be considered for admissions. The 142 students, who would be pushed out of the merit list, comprise 9.4 per cent of the total seats.

On its part, the Bench said Tamil Nadu was the only State following the Plus Two-cum-CET marks system. "We are seriously considering whether it should be changed this year."

Discrimination alleged

In his petition, Mr. Nikkin contended that provisions in the prospectus for the year 2006-07 perpetuated a "glaring discrimination" as it provided for arriving at an aggregate on the basis of the Plus Two as well as CET marks.

Senior counsel Nalini Chidambaram had filed an implead petition stating that rules of the game should not be altered after the match had started.

Any change in admission procedure should come into effect only from the next academic year.

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