LAVANYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioners, who are aspirants for MBBS medical course in the third respondent College-JIPMER, have filed these Writ Petitions challenging the final selection order of the second round of UG Counselling for MBBS / BDS seats in reference U-11011/04/2020/21 MEC dated 16/11/2020 issued by the 2 nd respondent only to the limited extent of misplacement of 5th Respondent under Puducherry SC Category instead of Puducherry Un-Reserved Category.

(2.) The case of the Petitioners is that they are residents of Puducherry and also belong to Scheduled Caste Community. The petitioner in W.P.No.18903 of 2020, Ms.Lavanya, secured 418 marks and the other petitioner in W.P.18909/2020, Ms.Reshma secured 414 marks, in the NEET Examination. The residents of Puducherry are eligible for internal reservation and on this quota, 7 seats are allotted for Puducherry SC (Internal SC) category. In this category, one Dhakshancoumar / 5 th Respondent herein got admission. The grievance of the petitioners is that though the 5 th Respondent is eligible under the Puducherry Internal Un-Reserved Category, he was accommodated under the Puducherry SC (Internal SC) category and thereby, the scope for other eligible SC candidates is denied.

(3.) Mr.Ravi, the learned Counsel for the petitioners, in support of his case, has relied upon the judgment of the Hon'ble Supreme Court in " Ritesh R. Sah v. Dr. Y.L. Yamul and others , 1996 3 SCC 253", and submits that in case if the candidates applied under the SC Category are having sufficient marks for being allotted at the UnReserved Category, they ought to have been treated as Un-Reserved Category, instead of SC category. The relevant portion of the orders of the Hon'ble Supreme Court is extracted as follows: