M AARTHI MINOR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE HONOURABLE THE CHIEF JUSTICE (For himself and V.S.S.J., P.D.D.J and C.N.J.,) This Writ Appeal and Writ Petitions raise an important question relating to the entitlement of separate reservation for the children of inter-caste marriage under special category other than the reserved categories.

(2.) W.A. No.3221 of 2002 arises out of the judgment rendered on 3.9.2002 in W.P. No.33838 of 2002. Because of the stay granted by a Division Bench of this Court in W.P. No.23616 of 2002, no relief could be granted by the learned single Judge and as such, the writ appeal has been filed.

(3.) Ms. P. Sakthipriya, a minor represented by her father and natural guardian Pechimuthu, has filed W.P. Nos.23615 and 23616 of 2002. (a) In W.P. No.23615 of 2002, the prayer is to declare that Item 10 of clause 4.4. of the Prospectus for Admission into B.E./B.Tech/B.Arch course is to be interpreted as meaning equal opportunity for the various categories mentioned therein and preference to be given when marks are equal on the basis of merit consequent to such direction, direct the respondents to consider the petitioner's case based on such interpretation and issue such further or other orders or directions as this Court may deem fit. (b) In W.P. No.23616 of 2002, the relief sought for is to declare that sub-clause (viii) of Clause 13 of the Prospectus for Admission into M.B.B.S./B.D.S course is to be interpreted as meaning equal opportunity for the various categories mentioned therein and preference to be given when marks are equal on the basis of merit consequent to such direction, direct the respondents to consider the petitioner's case based on such interpretation and issue such further or other orders or directions as this Court may deem fit.