V SHEEMATHANGAM MINOR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This application is filed seeking review of the order dated 21-11-1995 passed by this Court in Writ Petition No. 11022 of 1995 only on the ground that this Court followed the Division Bench Judgment of the Supreme Court consisting of two Honourable Judges in the case of "Dr. Santhosh Kumari v. Union of India, (1995) 1 SCC 269 : (1994 AIR SCW 5057) as against the Division Bench Judgment of the Supreme Court consisting of three Honourable Judges in the case of "Minor A. Periakaruppan v. The State of Tamil Nadu, AIR 1971 SC 2303, contending that in case of conflict of views between two Division Bench Judgments of the Supreme Court, the view taken by a Bench consisting of larger number of Judges should be followed irrespective of the fact that it was an earlier Judgment.

(2.) Writ Petition No. 11022 of 1995 was filed by the applicant seeking a Writ of Mandamus directing the respondents 1 to 3 to select and admit the petitioner to the first year M.B.B:S. course for the academic year 1995-96. She had applied for admission for consideration under special categories viz., (i) seats reserved for children and grand-children of freedom fighters, and (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.

(3.) The petitioner was placed at serial No. 108 in the first special category. Two candidates who has secured higher marks than the petitioner in that category were selected and admitted-on the basis of merit. In the second special category the petitioner was placed at serial No. 28. There were only seven seats in that category. A candidate at serial No. 34 in that list was selected and admitted applying the rule of reservation. Assuming that the selection of that candidate was wrong, it could not benefit the petitioner as there were several other candidates above the petitioner on the basis of merit. Thus the petitioner had no chance of selection and admission. Hence the Writ Petition was dismissed by the Order dated 27-11-1995 following the decision of the Supreme Court in the case of "Dr. Santhosh Kumari v. Union of India (1994 AIR SCW 5057) (supra) holding that the allotment of seats should go according to merit irrespective of who approached the Court and who did not.