T T SARAVANAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE writ petitioners pray that grandchildren of freedom fighters be given a seat in MBBS course under special category. Two of petitioners are the freedom fighters themselves and the great grand fathers of the candidates.

(2.) THE prospectus for this year in so far as this clause is concerned reads as follows: "2004-2005 15. Seats reserved for special categories in Government colleges Seats earmarked for the special categories will be allotted following the Horizontal Reservation. SPECIAL CATEGORIES (i) Seats reserved for children of freedom fighters No. of seats reserved in M. B. B. S - 3 A. THE Candidates while applying under the Special category mentioned above should furnish the following copies of documents along with the application. a. Assistance Certificates/freedom Fighter Pension Orders issued by the Central/state Government to the freedom fighter. (OR) Jail Extract duly recommended by the District Committee for the Freedom Fighters. b. Particulars of the Freedom Fighter in the book containing Freedom Fighters name published by Government of Tamil Nadu. c. Proof that the candidate is the children of Freedom fighter. d. Tashildar Certificate to establish the relationship of the Freedom Fighter. e. Birth Certificate to ascertain the parentage of the candidate. f. Legal heir certificate of the Freedom Fighter. " THE prospectus for the previous year as far as this clause is concerned reads as follows: "2003-2004 15. Seats Reserved for Special Categories in Government colleges: Seats earmarked for the special categories will be allotted following the Horizontal Reservation. GROUP-I (SPECIAL CATEGORIES) (i) Seats reserved for children/grandchildren of Freedom fighters No. of seats reserved in M. B. B. S - 3 A. Reservation is not applicable to adopted/foster children, Great Grand son/great Grand daughter of the Freedom Fighter. B. THE Candidates while applying under the Special category mentioned above should furnish the following copies of documents along with the application. a. Assistance Certificates/freedom Fighter Pension Orders issued by the Central/state Government to the freedom fighter. (OR) Jail Extract duly recommended by the District Committee for the Freedom Fighters. b. Particulars of the Freedom Fighter in the book containing Freedom Fighters name published by Government of Tamil Nadu. c. Proof that the candidate is the grand children of freedom Fighter. d. Tashildar Certificate to establish the relationship of the Freedom Fighter. e. Birth Certificate to ascertain the parentage of the candidate. f. Legal heir certificate of the Freedom Fighter.

(3.) IN 1999 SCC VOL. IX 700 (B. R. ENTERPRISES VS STATE OF u. P), it was observed as follows: " First attempt should be made by the courts to uphold the charged provision and not to invalidate it merely because one of the possible interpretation leads to such a result, howsoever attractive it may be. Thus, where there are two possible interpretations, one invalidating the law and the other upholding, the latter should be adopted. For this, the courts have been endeavouring, sometimes to give restrictive or expansive meaning keeping in view the nature of legislation, may be beneficial, penal or fiscal etc. Cumulatively it is to subserve the object of the legislation. Old golden rule is of respecting the wisdom of legislature that they are aware of the law and would never have intended for an invalid legislation. This also keeps courts within their track and checks individual zeal of going wayward. Yet in spite of this, if the impugned legislation cannot be saved the courts shall not hesitate to strike it down. Similarly, for upholding any provision, if it could be saved by reading it down, it should be done, unless plain words are so clear to be in defiance of the Constitution. These interpretations spring out because of concern of the courts to salvage a legislation to achieve its objective. . . "