J A ROCHE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has sought for a writ of mandamus directing the respondents 1 to 4 to provide a seat in first year M. B. B. S. course to the petitioner in any one of the Government Medical Colleges in the state of Tamil Nadu in the category of free seats, pleading that he completed his higher secondary course in the year 1994 securing 1021 marks out of 1200; he wrote the entrance examination conducted by the second respondent for the year 1994 and secured 93 marks out of 100. Thus he secured 188/ 200 marks in the Core subjects and 93/100 in entrance examination, aggregating to 281/300 marks.

(2.) HE is an eminent sportsman (Tennis ). HE participated in the National level All India Junior Tennis Championship held at Egmore stadium, Madras in January, 1993 while was pursuing his higher secondary course. The State Government issued G. O. Ms. No. 118, Education, dated 21. 2. 1994 to encourage outstanding sports talented students by providing grace marks. The said G. O. was not given effect to professional course admissions. HE challenged with-drawal of the benefit of the said G. O. in W. P. No. 14816 of 1994. The said writ petition was dismissed by the Full Bench of this Court on 23. 12. 1994. In the meanwhile the third respondent filled up the sports quota and allotted the seats to respondents 5 and 6 adopting the reservation policy while selecting the candidates from the sports quota erroneously.

(3.) THE petitioner is entitled to be admitted to the first year M. B. B. S. course as being a qualified meritorious candidate under the sports quota for the year 1994-95 as has been held by the Division Bench of this Court in its judgment dated 28. 9. 1995 aforementioned. THE petitioner has further stated that he is willing to study the M. B. B. S. course even during this academic year 1995-96. Only three seats were allotted for the special category for the year 1995-96 which was increased to four. In fact the Government accommodated 400 meritorious medical candidates in the year 1992 pursuant to the court Order striking down G. O. Ms. No. 555. Thus there should be no difficulty in accommodating the petitioner to study the first year M. B. B. S. degree course for the year 1995-96.