B HARSHA Vs. REGISTRAR ANNA UNIVERSITY

JUDGEMENT

(1.) This Writ Petition raises an important question as to the procedure to be adopted in the selection and admission to the seats earmarked under Special Category. It is the bone of contention of the petitioner that once certain number of seats are earmarked for Special Category to be filled up from among the eligible candidates, the admission shall be made strictly on merits and there is no further question of further following the rule of reservation. On the other hand, it is the stand of the respondent University that in terms of Full Bench Judgment of this Court reported in M.AARTHI (Minor)ETC OTHERS VS THE STATE OF TAMIL NADU AND OTHERS ( 2002 Writ Law Reporter 898) holding the Special Category seats for the candidates " Physically handicapped, Eminent Sportsmen, Children of freedom fighters and Children of Ex-servicemen being horizontal reservation and not vertical, these seats should also be filled up by following the rule of reservation.

(2.) The Government issues orders each year prescribing the number of seats, source of admission, method of selection, eligibility norms etc., for various professional courses based on its policy. Such Government Order is issued in exercise of the power under Article 162 of the Constitution of India. For admissions to the Engineering Courses for the academic year 2003-2004, the Government issued the G.O.Ms. No.198 Education Department dated 30.5.2003. By that Government Order, the Government earmarked 132 seats for five Special Categories and 3% for Orthopaedically Physically Handicapped (Hearing Impaired (deaf)/Visually impared) out of total number of seats for admission to B.E.,/B.Tech.,/B.Arch., Courses. Based on the Government Order, the Prospectus is issued containing instructions.

(3.) Since the procedure adopted for admission to Special Category namely, Eminent Sports Person is in question, the relevant clause applicable alone is extracted hereunder: Clause 4.4. Special Categories: Since the Special reservation categories are being considered by separate Committees, candidates are instructed to send separate form along with main application. They should fill the special reservation application and send it along with the main application except for sports. They should also enclose a DD for Rs.100/- for each special reservation along with the appropriate certificates. If appropriate certificates or supporting materials for special reservation claim are not enclosed with the Special reservation application then their claim under such categories will not be considered. Candidate seeking admissions against the special reservation of seats under Item No.6 mentioned below for Eminent Sports Person should produce the main application and the special reservation application and a Demand Draft for Rs.100/- and copies of the relevant certificates etc., in person to the Secretary, TNEA as per Annexure II which also contains selection procedure. Candidates belonging to Tamil Nadu only will be eligible for the special reservations: <FRM>MAH.B.1005.23.12.htm</FRM>