STATE OF TAMIL NADU Vs. S GAYATHIRI DEVI

JUDGEMENT

(1.) THE Judgment of the Court was delivered by THE above appeal has been directed against the order of the learned single Judge in W.P.No.15131 of 1999.

(2.) THE short facts that are necessary for consideration of the above appeal can be stated as under: THE respondent herein after successfully completing her plus Two examination, applied for admission to the M.B.B.S. course during the year 1999-2000 in the special category of eminent sportsmen for which three seats have been reserved. As required, respondent herein also appeared for the Tamil Nadu Professional Courses Entrance Examination 1999 and got 77.92% marks. THE respondent secured 258.17 marks (cut off) based on the performance in the Higher Secondary Examination and in the professional courses entrance examination. THE grievance of the respondent herein is that the persons who have secured less marks than herself in the category of eminent sportsman have been selected and the same is arbitrary, unreasonable, discriminatory and violative of the provisions of Art.14 of the Constitution. THE respondent also raised another contention that non-provision of reservation for the best cadets in the NCC for admission to the M.B.B.S. course unlike the Engineering courses, wherein two seats have been reserved in this category, amounts to discrimination and violative of Art.14 of the Constitution of India. It is the further contention of the respondent that there is no valid reason why the candidates for M.B.B.S. course should be denied reservation for N.C.C. candidates especially when a common entrance examination is held for admission for both the courses. THE respondent would claim that she is an outstanding NCC candidate and she is entitled to be selected for M.B.B.S. course. THE exact prayer in the writ petition reads thus, "For the reasons stated in the accompanying affidavit it is prayed that this Honourable Court may be pleased to issue an appropriate writ, order or direction more particularly in the nature of a writ of mandamus directing the respondents to consider the petitioner for selection to the M.B.B.S. course for the year 1999-2000 for the reserved seats in the category of eminent sportsman or in the alternative to create reservation in category of the best cadets in NCC and allot her one seat in the said category and thus render justice".

(3.) G.O.Ms.No.354, Higher Education (D1), dated 8.7.1997 reads thus, "ORDER: "The Deputy Director General, NCC, in the letter read above, has stated that in order to have uniformity in the incentives to be given to the NCC Cadets all over the country, and based on the discussion at Joint State Representatives and Deputy Directors General NCC Conference, New Delhi, the Deputy Director General NCC had requested guaranteed admission for minimum 2 NCC Cadets with proven merit and performance in all Educational Institutions. 2. The Government after careful consideration, reserve one seat for NCC Cadet of outstanding merit in any Under Graduate Course in each college and one seat in any Post Graduate Course and Polytechnic where NCC scheme is available. 3. The Deputy Director General, NCC, should formulate detailed guidelines for screening the eligible cadets for admission. (BY ORDER OF THE GOVERNOR) S.P.ELANGOVAN Secretary to Government." [Italics supplied] A reading of paragraph 1 of the said Government Order would clearly show that there was a conference in which the representatives from the States as well as the Deputy Director General of NCC participated and in which the Deputy Director General of NCC requested for guaranteed admission for minimum of 2 NCC Cadets with proven merit and performance in all the Educational institutions. We called upon the learned Government Pleader to produce the original file in this regard. Also we called upon the Government Pleader to produce the entire rule both the current file as well as the notes file relating to the G.O.Ms.No.354, Higher Education (D1), dated 8.7.1997. The matter was adjourned at least on two occasions and more than a month time was granted for the appellants to produce the file. Now we have been informed by the learned Government Pleader that the said files are not traceable. Paragraph 2 of the said Government Order would clearly show that the Government after careful consideration decided to reserve one seat for NCC Cadets of outstanding merit in any Under Graduate Course in each college and one seat in any Post graduate course and Polytechnic where NCC scheme is available. The Government order has been issued by the Higher Education Department. It is the contention of the appellants that the Government order would apply only to the Engineering course and not to the Medical course. If that is the intention, then there would have been a clear mention in the Government Order itself. The appellants failed to produce any material/any file before this Court in this regard to satisfy us that the Government Orders issued by the Higher Education Department are applicable to the Technical Education and not to the Medical Education. The Government Order would show that it has been issued in the name of the Governor duly signed by the Secretary to the Higher Education Department, Government of Tamil Nadu.