S SAHUBAR SADIQUE Vs. GOVT OF T N

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) IN this writ petition the petitioner has sought for a writ of mandamus directing the responent to select and admit the Petitioner in d. M. (Neurology) in any one of the colleges, viz. , in Madurai Medical college, madurai or in Stanley Medical College, Madras where one seat each for D. M. (Neurology) exclusively meant for service candidate quota is kept vacant for the academic year 1994-95.

(3.) THE learned Counsel for the petitioner contended that on the undisputed facts that the petitioner belongs to backward class and is a service candidate that he is No. 1 in the waiting list prepared by the second respondent for D. M Neurology, and that one seat in Madurai Medical College and one seat in Stanley Medical College meant for service candidates remain unfilled, the petitioner ought to have been admitted as against one of the vacancies available in the two colleges mentioned above. He submitted that on the basis of the Government Order No. 533 dated 16-5-1990 referred to above when the candidates in the category of M. B. C. are not available the petitioner belonging to B. C. category and being No. 1 in the waiting list should have been admitted. He also submitted that the course has commenced on 1-9-1994 and if the seat is not filled up it would not be in the interest of anybody. Under the circumstances the learned counsel states that the relief as sought for may be granted to the petitioner.