RAM A MINOR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this batch of writ petitions, the petitioners have made one more attempt for inclusion of "the grandchildren of Freedom fighters" in the prospectus for consideration, selection and admission to the professional courses like medicine and engineering for the academic year 2005-06.

(2.) IN exercise of powers under Article 162 of The constitution of INdia, the State Government issues each year the Government orders, which are normally known as "policy Government Orders" containing norms for admission of candidates to various professional courses. Such Government Orders include the number of seats to be filled in, the colleges in which such seats are filled, eligibility, educational qualification, age restriction, the source of admission, etc. The State, under article 15 (4), could make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or scheduled tribes, which is known as "communal reservation". Till the academic year 2003-04, the Government, in exercise of the powers under article 15 (4), reserved three seats in medical/dental courses for the children/grandchildren of Freedom Fighters. It appears that from the academic year 2004-05, the Government have reserved three seats in medical/dental courses only to the children of Freedom Fighters. The same reservation is followed for admission to the medical/dental courses for the academic year 2005-06 as well. Similarly, certain number of seats were reserved for the children/grandchildren of Freedom Fighters for selection and admission to engineering courses till the academic year 2004-05 and, for the current academic year, the Government had decided to earmark those seats only to the children of Freedom Fighters.

(3.) THE State, which is running most of the professional colleges, is entitled to restrict the admission and distribute the seats equally from among the eligible candidates. For the said purpose, the State is empowered to identify the source of admission. THE normal rule is merit-based admission. However, the State, in exercise of its legislative power, has enacted the Tamil Nadu Backward Classes Schedule Castes and Schedule Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994)providing 69% reservation to various communities and leaving 31% to open category. THE power of the State to earmark certain number of seats under special category came up for consideration before a Full Bench of this Court in the decision in "m. Aarthi (Minor) rep. by her mother and natural guardian mrs. M. Renuka & 2 others Vs. THE State of Tamil Nadu rep. by its Secretary to Government, Health & Family Welfare Department, Chennai & 11 others (2002 (4) CTC 449)". By a majority, the Full Bench held that "other than the reservation in Tamil Nadu Act 45 of 1994, what is permissible is only for physically handicapped, eminent sportsmen, children of Freedom Fighters and children of ex-servicemen being horizontal reservation and the executive power of the State no longer would be available to create additional special category seats or to add the quantum of reservation provided in the Act 45 of 1994". Even the reservation under the above categories, the right for reservation for physically handicapped viz. , disabled persons could be traced to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995. So far as the reservation of seats to sportsmen, children/grandchildren of ex-servicemen and Freedom Fighters is concerned, it would be only a concession extended to them by the Government.