K DURAISAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The above appeals have been filed against the decision of a Full Bench of the Madras High Court dated 1-10-1999 in Writ Appeal Nos. 929/99, etc. (reported in AIR 2000 Madras 174). The Writ Petition (C) No. 562 of 1999 has been filed by a person similarly placed like the appellants, directly in this Court raising identical issues as are raised in the appeals, canvassing at the same time the correctness of the decision of the Full Bench of the Madras High Court.

(2.) Having regard to the question decided by the Full Bench and the issues raised in the above Appeals and Writ Petition, it is unnecessary to advert to the factual details relating to the Courses applied by the respective parties or as to the total number of seats available, number of seats reserved, the marks obtained by the respective candidates and the inter se ranking in the merit list. It is stated that Civil Appeal No. 5910 of 1999 concerns D.M. (Obstetric) and (Gynaecology), a post-graduate course, and the courses involved in the other Appeals and the Writ Petition are said to be super speciality courses.

(3.) The Government of Tamil Nadu, Health and Family Welfare (MCA) Department, issued G.O. Ms. No. 55 dated 9-2-1999 laying down the procedure for selection of candidates for admission to Post-graduate Diploma, Degree, M.D.S. and Higher Speciality courses for the academic session 1999-2000, with Annexure-1 thereto containing the Prospectus pertaining to Post-graduate Diploma/Degree/M.D.S. courses and Annexure-II containing the prospectus relating to Higher Speciality courses. The Government Order envisaged reservation confining up to 50% in favour of in-service candidates on merit basis and further stipulated that 50% of the seats available in each of the speciality, shall be allotted exclusively to service candidates. The Government Order also enumerated various categories of Medical Officers, who alone will be treated as service candidates and considered for selection against the 50% of the seats allocated exclusively for service candidates. As for the remaining 50%, referred to as Open Quota, while stipulating the criteria for selection to what has been referred to as the remaining 50% Open Quota, it has been stated that all other eligible Medical Officers, except those enumerated categories of Medical Officers; shall be eligible to apply for the same. The further stipulation, which requires to be noticed, is the one providing that all procedures in respect of such of those matters enumerated in the relevant clause of the Order followed during 1998-1999 shall be followed for 1999-2000 also. The above stipulations in respect of allocation of seats exclusively for the service candidates and the other for non-service candidates have been carried out in the Prospectus, both relating to the Post-graduate Degree/Diploma Courses as well as the higher Speciality courses. So far as the Post-graduate Degree/Diploma courses are concerned, the same were incorporated under the heading "IX. METHOD OF SELECTION AND ADMISSION", and in respect of Higher Speciality courses, they were incorporated under the heading "X. METHOD OF SELECTION AND ADMISSION".The necessary program has been published prescribing the last date for receipt of application forms, the dates for undertaking Entrance Examination, publication of merit lists, etc. After conduct of written Entrance Examination for the purpose and publication of the results of selected candidates, it came to be known, according to the appellants, that they were not selected due to a particular understanding of the Orders of the Government and stipulations contained in the Prospectus relating to earmarking or allocation of seats for in-service candidates and non-service candidates in a manner by which the claims of in-service candidates based on merit on the basis of marks came to be ignored in respect of 50% of the seats allocated as 'Open Quota' by confining them exclusively to non-service candidates and considering claims of in-service candidates like the appellants only in respect of 50% allocated to and reserved for service candidates.