G SUMATHI Vs. DIRECTOR OF MEDICAL EDUCATION MADRAS

JUDGEMENT

(1.) The prayer in the writ petition is issue a writ of mandamus or direction in the nature of writ, directing the respondents to give admission for the petitioner in the first year M.B.B.S. course in the Government Madras Medical College, Madras-600 003 with College Code 01 for her entrance No. 222609 in the year 1992-93 session or in the ensuing session of the first year M.B.B.S. course in Madras Medical College.

(2.) The short point that arises for consideration in this case is whether the petitioner is entitled to a seat in the first year M.B.B.S. course for the academic year 1992-93, under the special category Item V of Annexure-I. In Annexure-I, about 53 seats are reserved for nine categories out of which Item V is for 'Tamil language'. Guidelines with regard to the selection under the head 'Tamil Language' is provided for in Annexure-VIII. AnnexureVIII reads as follows :

(3.) When the writ petition was posted for admission, we ordered notice to Mr. Shanmugham to the Additional Government Pleader (Standing) and he appears for the respondents. The first respondent has filed a counter-affidavit on 17-2-1993 in which it is stated that the consideration for selection for B.H.M.S. and D.Com. (Siddha Course) cannot be taken into account for the selection to the M.B.B.S. course. It is also stated that the consideration far selection for special category has to be gone in accordance with the conditions as prescribed in the prospectus. It is also stated therein that the Tamil was adopted as the official language for the State of Tamil Nadu by the Tamil Nadu Official Language Act, 1956. It is also stated that the Government took a policy decision to confer special benefit to the children of those who had suffered for bringing Tamil as prime language of Tamil Nadu, that the Government considered those who had sacrificed their lives for removing the prejudices against Tamil language, those who have contributed for the making Tamil as medium of instruction to those who have implemented the policies of eminent leaders like Mahatma Gandhi, Nehru, Periyar, Anna and Rajaji for those who have in spite of obstacles had struggled for achieving these objectives as persons eligible for the benefits of the present scheme and that the petitioner cannot be considered as the one that has contributed for the above objectives. It is further stated in the counter-affidavit that the respondents have strictly adhered to the norms and conditions prescribed in the prospectus and that the petitioner was not considered for the selection because she has not fulfilled the conditions. It is also stated that the petitioner is not qualified to be eligible under the special category.