L SUBRAMANIAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE two Writ Petitions relate to the admission of the petitioners in the course of Diploma in Pharmacy for the Academic Year 1939-90. The direction sought is to admit the petitioners to that course.

(2.) THE Government of Tamil Nadu issued a prospectus for the Diploma in Pharmacy course in Madurai Medical College for the year 1989-90. Under Column 6 the last date for receipt of application was mentioned as 27-7-1989. Column 10 mentioned that the total number of seats available to the College was 120 as approved by Pharmacy Council of India. Special reservations were indicated in that column. 120 seats were reserved for children/wards of TN Chemists & Druggists. It appears that there was a Government Order governing the reservations made as early as in 1977 in G.O, Ms. No. 1740, Health, dt. 1-8 1977. Under column 14 the candidates who applied for the course against the seats reserved for the children/wards of Chemists and Druggists should obtain a certificate in the Form from the Secretary, Tamil Nadu Chemists and Drnggists Association, Madras with their office seal,

(3.) HOWEVER, I am inclined to accept the contention of the petitioners that there cannot be a cancellation retrospectively. It is certainly open to the Government to cancel the reservation as it is not based upon any provision in the Constitution of India or any other legislation. It is the reservation which was brought about by the Government only by its own order. Yet so long as the reservation is in force, the Government will be bound by it. Based on that, the prospectus was issued and an express representation was made to the persons concerned including the petitioners that there will be reservation of 20 seats for the children/wards of TN Chemists and Druggists. On the strength of the said representation, the petitioners had sent their applications. It cannot be said that even if the representation was not there, they would have certainly applied for this course and not tried their chance for other courses.