V VIJAYAMELU Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) Petitioner in W.P.No. 8142 of 1987 is the appellant herein and the respondents therein are the two respondents herein.

(2.) The relief claimed in the writ petition is for issue of Writ of mandamus directing the respondents to admit the petitioner in the First Year Integrated M.B.B.S. Course in any one of the Government Medical Colleges in Tamil Nadu. She belongs to Kattunayakan community, which is a notified Scheduled Tribe in the State of Tamil Nadu. She applied in July, 1987 for a seat in M.B.B.S. Course for the academic year 1987-88 and she secured 170.8 marks out of 250 marks which works out to 68.32% but yet, she was not selected even though a reservation of 18% of Medical seats was made for Scheduled Castes and Scheduled Tribes (hereinafter referred to as SC/ST). Though second respondent is obliged in law to reserve a separate quota of seats for ST, by fixing 18% of seats together for SC/ST, the Scheduled Tribes do not get seats in Medical Colleges in proportion to their population. As per 1981 Census, they form 1% of the total population in Tamil Nadu, and thus they will be entitled to allotment of 11 seats in Government Medical Colleges. Even though the Government of India and other State Government do not club together Scheduled Castes and Scheduled Tribes for employment and education, it is only in Tamil Nadu, this procedure which is contrary to the directives in Article 46 of the Constitution of India, is being followed. This failure on its part, deprives her from securing admission, in spite of her securing 68% in the selection process.

(3.) Learned Judge dismissed the Writ Petition in limine by holding that there cannot be any compulsion to reserve separate seats for SC/ST, because Article 15(4) is an enabling provision and not a mandate, and that petitioner had addressed to wrong quarters for relief. It is on being aggrieved with this approach made, without even entertaining her writ petition of this nature this writ appeal is preferred.