NASHATH JINAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The issues to be decided are common. Therefore, all these writ petitions are disposed of by this common order.

(2.) The petitioner would state that his father Thiru A.P.Ishaque is a permanent Group A employee under the Puducherry Union Territory in the Department of Health and Family Welfare and presently serving as Chief Medical Officer-NFSG in Mahe Region and he is in the service of Puducherry Union Territory Government. The petitioner would further state that in the month of March 2015, the second respondent, namely Jawaharlal Institute of Post Graduate Medical Education and Research [in short "JIPMER"] had called for applications for MBBS course for Pondicherry and Karaikal campus for the academic year 2016 session. The petitioner had obtained prospectus through on-line and on going through the contents, became aware that the second respondent had amended the eligibility criteria/clause for candidates falling under Puducherry Unserved (P-UR) category on the basis of G.O.Ms.No.4, Chief Secretariat (Higher and Technical Education), Puducherry dated 09.02.2016. As per the said Government Order, amendment to Clause 2.5 of the CENTAC Information Bulletin 2015-16 issued, vide G.O.Ms.No.27 dated 01.04.2015 was effected and as the amendment, "Children whose parents are Central Government Servants/State Government Servants/Defense Personnel/Central Parliamilitary Forces/Employees of Public Sector Undertakings wholly or substantially run either by the Puducherry Union Territory Administration, posted and serving in the Puducherry Union Territory for at least a minimum continuous period of three years immediately prior to the last date of submission of application" are eligible and shall apply under the Puducherry quota and it is further stated that "Children of the above said employees should have studied in the Higher Secondary Course of Two years in any of the schools in the Union Territory of Puducherry and should have also passed the Higher Secondary Examination from the same school. The said Government Order stipulates that the amended clause takes effect from the ensuing academic year 2016-17.

(3.) The contention put forth by the petitioner is that the impugned clause in the prospectus for admission to MBBS course for the academic year 2016 is in gross violation of Regulation 28 of the JIPMER Regulations, 2008 which clearly provides that any reservation/category is to be in accordance with the general orders issued by the Central Government. The said Government Order is meant for Union Territory of Puducherry administration and there is no need or necessity on the part of the second respondent to adopt the said Government Order and the said adoption was put into effect all of a sudden overlooking the fact that the wards of the above said persons had already studied in schools located outside Mahe on the fond hope that since they fulfill the eligibility criteria as to the period of service rendered by the Government servants etc., they are eligible to be accommodated under the said quota and however like thunder from blue, their aspirations and aim became shattered and therefore, came forward to file these writ petitions challenging the vires of Clause IV(b) of the prospectus issued by the second respondent.