P AMEECHAND Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is an aspirant for getting an admission in the MBBS Course starting from the academic year 2010-2011. The petitioner claims that he was a native of Rajasthan State born on 20.05.1989 and was domiciled at Madurai for more than 15 years. He was also studying at Madurai. He belongs to backward class in Rajasthan. The petitioner's community finds a place in a list of backward classes in Rajasthan at serial No.31 (Kumbar (Prajapati), Kumavath and Suaara). His community was shown in the school certificate as Prajapat. Therefore, he had applied under the backward class quota. He has also enclosed a school certificate.

(2.) He also claims that he is physically handicapped and has produced a certificate from the competent authority. In his application form, in column 19(a) he had clearly stated that he had applied for special category and his Special Code No.04 relates to Physically Handicapped. The petitioner also stated that in the special category, merit list was published for MBBS for 2010-2011 in the web site and his name appeared in Rank Number 12813 and his total mark was shown as 162. Since he has not been given any selection either under the Backward class category or under the Physical disablement category, he has come forward to file the present writ petition.

(3.) His contention was that though 51 seats were announced for OBC category, his name was not found place. Though he got 162 marks, the candidates who got upto 157 marks were selected. Therefore, he ought to have been considered under the Backward class category. He has further contended that non consideration of his name in the Backward class category is not valid.