STATE OF T N Vs. N HARI PRASAD

JUDGEMENT

(1.) These two appeals arise out of two identical orders in two writ petitions the main order being in W.P. 3793 of 1986 by which the learned single Judge directed that the two petitioners therein should be provided with a seat in any one of the Medical Colleges under its control by the Government for the academic year 1986-87. The petitioner Hari Prasad, in W.P. 5804 of 1986, who is the respondent No. 1 in W.A. 1311 of 1986 and the petitioner Mercy Gladstone who was represented by father and natural guardian in W.P. 3783 of 1986 and respondents No. 1 in W.A. 1312 of 1986 had both applied for admission to a Medical College in the State of Tamil Nadu for the academic year 1985-86. None of them was, however, selected for admission in any of the Government Medical Colleges. However the State Government made a separate list of certain candidates, who were allotted to private Medical Colleges from the open competition wait list for the year 1985-86. This list consisted of allotments of students in accordance with the number of marks to what the State Government considered as three Private Medical colleges, namely, P.S.G. Institute of Medical Sciences, Peelamedu, Coimbatore, Sri Ramachandra College of Health Science, Madras and Raja Muthiah Institute of Health Sciences, Annamalai Nagar, South Arcot Dt. Seven candidates were allotted to the P.S.G. Institute of Medical Sciences, Coimbatore whose marks varied between 224-76 and 224-05. Twelve candidates were allotted to Sri Ramachandra Medical College and the marks of those candidates varied from 224-70 to 223-85. Eight candidates were allotted to what is described as Raja Muthiah Institute of Health Sciences Annamalainagar. The marks of these candidates varied between 223-6 and 223-45. It may be stated that the petitioner Hari Prasad had obtained 223-45 marks and the other petitioner, Mercy Gladstone had obtained 223-55 marks.

(2.) In February 1986, two separate communications were issued by the Secretary, Selection Committee Sabarmathi Hostel, Kilpauk Medical College, Madras, intimating to them that they had been nominated by the Government to undergo M.B.B.S. course at Raja Muthiah Institute of Health, Sciences Annamalainagar, South Arcot Dt. Though originally, the intimations had not been produced on record, the learned Government Pleader has made available to us a standard pro forma in which the intimations were sent. The last two paragraphs of this letter of intimation read as follows -

(3.) The Annamalai University filed a counter-affidavit in which the stand taken was that the State Government had no power to direct to admit any particular student, since the University was unitary institution governed exclusively by Tamil Nadu Act 1 of 1929. According to the University, G.O.Ms. No. 1196 Health and Family Welfare Department, dated 24-7-1985 by which the Government had directed that initially 40 per cent of the seats in the Medical College, which figure was modified to 35 per cent should be reserved for nominees of the Government, was not binding on the University. Thus according to the University Hari Prasad and Mercy Gladstone could not claim any admission to the Medical College run by the Annamalai University, as the University was an autonomous body exclusively governed by the Tamil Nadu Act 1 of 1929.