S.ABIRAMI Vs. GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) This writ petition has been filed challenging the allocation of lesser seats by Self-financing institutions towards Government quota in the Common Admission Prospectus issued by the 2nd respondent in the month of October 2020, which called for applications from candidates to participate in the selection through counselling for MBBS, BDS and BAMS courses.

(2.) The petitioners, who have completed their higher secondary and are aspiring to get into the medical profession, have submitted applications to participate in the selection. The grievance of the petitioners is that there is already an understanding between the Government and Respondents 4 to 6 to share the seats under the Government quota and management quota in the ratio of 50:50 and this is also covered under the 2006 Regulations and inspite of the same, more seats are allotted under the management quota for the 4th, 5th and 6th respondent institutions and the seats allotted towards government quota is much less than 50%. Aggrieved by the same, the prospectus issued by 2nd respondent has been put to challenge and the petitioners are also seeking for a consequential relief to direct the 2nd respondent to ensure that 50% of seats are filled up in the institutions belonging to respondents 4 to 6 under the Government quota.

(3.) The 1st and 2nd respondents have filed a counter affidavit supporting the claim made by the petitioners and they have sought for a declaration that the Government of Puducherry is entitled to get 50% of the medical seats from respondents 4 to 6 towards Government quota. The relevant portions in the counter affidavit are extracted hereunder: