ABHILESH BABU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking to challenge the selection list for the admission conducted for the First year MBBS / BDS courses for 2012-2013 session in Government / self financing colleges and seeks to aside the same as illegal and arbitrary and for a consequential direction to conduct re-counseling for admission in the First year MBBS / BDS courses strictly in accordance with law and without any manner reducing the number of seats for open competition below 31% of the total number of seats.

(2.) WHEN the matter came up on 24.07.2012, this court directed Mr.V.Jayaprakash Narayanan, learned Special Government Pleader to get instructions from the respondents. Accordingly, a counter affidavit, dated 30.7.2012 was filed on behalf of respondents 1 to 3 and respondents 5 to 22.

(3.) ACCORDING to the petitioner, under Section 4 of the Act, 31% of seats should be left for open competition. It cannot be filled up from reserved communities. The said action initiated do not fall either under Article 15(4) or 15(5) of the Constitution. There was a total non application of mind. Therefore, the counsel for the petitioner contended that under the provisions of the Act, the reservation in respect of the institutions would mean a particular college. Even in the prospectus, they have set out the vacancy position of various Government Medical colleges as per college-wise and quotawise. The petitioner also produced the latest vacancy position after the increase of intake in the colleges. Hence he contended that reservation should be in respect of each college and not in respect of over all number of seats in the entire State which violates the provisions of the said Act.