S VELAYUDHAM Vs. CONVENOR GOVERNMENT OF PONDICHERRY

JUDGEMENT

(1.) BOTH these writ petitions are based on similar facts and circumstances and raise a common question of law. Therefore, both the writ petitions were heard together and shall be governed by this common judgment.

(2.) THE writ petitions have been filed by the children of two employees of Oil and Natural Gas Corporation Limited, in short ONGC, seeking admission to MBBS course against Government quota. THE question relates to admission for the academic year 2004-05. THE main issue relates to eligibility of the candidates on the basis of paragraph 2. 6 of the Information bulletin issued by CENTAC. THE relevant portion of paragraph 2. 6 is extracted hereunder: - b2. 6 Pondicherry UT Candidates Candidates who are residents of Pondicherry UT are eligible for admission to all the degree courses. A candidate is considered to be of Pondicherry Resident (Pondicherry UT Candidate) provided he / she is an Indian national and satisfies at least one of the following criteria. . . .

(3.) LEARNED counsel appearing for each of the petitioner has contended that since Residence Certificate in the prescribed format has been given, the respondent should not have refused admission merely on the basis that the father of the petitioner was not physically working within the territory of Pondicherry. It has been further contended that the nature of work of the petitionerbs father is such, which requires him to work in the Rig for 14 days on/off pattern and merely because the Rig was Off-shore, the petitionerbs case should not have been ignored. The petitioners have placed reliance upon the decision of the Supreme Court reported in 2004 (4) CTC 796 (DOLLY CHHANDA v. CHAIRMAN, JEE AND OTHERS) in support of their contention that even though the year was over, they should be admitted this year as they were not at fault and the non-selection last year was on account of the illegality committed by the respondents.