GAYATHRI MALATHI N Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ALL these writ petitions have been filed by unsuccessful applicants to the first year M.B.B.S. course for the academic year 1996-97 for consideration under Paragraph 3.5 (ii) of the Prospectus issued in respect of the Medical Colleges. Since the entire case of the petitioners rests on the claim under the said paragraph I proceed to quote the said paragraph. "3.5 (ii) Seats reserved for children whose parents worked for the enrichment, Propagation and Development of Tamil Language and significant contribution made to Tamil Society culture and Literature. No. of Seats reserved in M.B.B.S. 6 A Committee of Tamil scholars constituted by the Government will examine the claims of the parents whose children have applied for admission under this special category and offer their recommendations regarding their eligibility for consideration under this special category. The candidates should submit a Certificate from an Officer of the revenue Department not below the rank of Tahsildar of the respective area or a Member of Legislative Assembly of Tamil Nadu or a Member of Parliament of Tamil Nadu, in support of their claim for admission on the above mentioned grounds along with the application for consideration of their application under this Category". This is nothing but a repetition of the Government direction contained in G.O.Ms.No.186, Health & Family Welfare (MCA) Department, dated 26.3.1996. ALL the petitioners claim that their parents have contributed to the enrichment, propagation and development of Tamil Language or they had made significant contribution to the Tamil Society Culture and Literature. It is not necessary to indicate the manner and method in which the petitioners claim to come under the said category. The fact remains that the claim of all the petitioners were rejected and six other persons had been selected under the category on 17.8.1996. According to the petitioners, the selection of six others ignoring the claim of the petitioners is illegal and unconstitutional. ALL the petitioners therefore, seek admission to the first year M.B.B.S. Course 1996-97 under the said reserved category.

(2.) AFTER hearing all the petitioners I find that the following question arise for consideration in this batch of writ petitions:- (a) Is the selection liable to be set aside because the Government Order or the prospectus has not prescribed the necessary guidelines under which eligibility was decided? The Applicants had been kept in the dark about the necessary guidelines which would qualify them for consideration under the said special category. (b) The Committee of Tamil Scholars, constituted by the Government has jurisdictionally to recommend the eligible candidates out of the total applicants. In other words, the Committee has no jurisdiction to select the best of the parents on the basis of their contribution to Tamil Development. (c) The respondents should have followed the directions of the Supreme Court in the matter of filling up the seats in the special category, as reported in Khalid Hussin v. Commr. & Secretary. Govt of Tamil Nadu, Health DepL, AIR 1978 SC 2074. (d) Some of the petitioners, who have been found ineligible under the category have been found eligible under the very same category in respect of Siddha Medical course or the Engineering Course. Therefore, the selection by the respondents is purely arbitrary.

(3.) ACCORDING to the respondents, the selection has been made in accordance with the prospectus and there was no irregularity or arbitrariness in the selection of the candidates.