MINOR GOVIND ASHOK Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This writ appeal has been filed by one of the unsuccessful petitioner, against the order of the learned single Judge, whereby and whereunder learned single Judge rejected the relief to quash a portion of the clause in the prospectus wherein additional qualification relating domicile status of was prescribed.

(2.) The petitioner is a minor represented by his father Thiru. Ashok Kumar and he has sworn to the affidavit on behalf of his minor son stating among other things that he is a permanent Group 'A' employee under the Puducherry Union Territory in the Department of Health and Family Welfare and presently working as the Chief Medical Officer, NFSG in Mahe region and continues to remain in service as on date.

(3.) The contention put forth by the appellant 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 as 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. However their aspirations and aim were shattered by the insertion of the said clause, which is in gross violation of the powers conferred under the Regulation. In the above circumstances, the petitioner filed the the writ petition challenging the vires of Clause IV(b) of the prospectus issued by the second respondent.