S VIMALA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER seeks issuance of writ of declaration declaring the order of preference referred under Clause 3. 5 (viii) if the prospectus issued by the 2nd respondent for the admission of candidates in professional courses (Medical/dental/para-medi-cal) 1997-98 as illegal and unconstitutional, and consequently direct the 1 st respondent to treat candidates born of inter-caste marriage as a single homogenous class and therefrom select candidates purely based on their merits without giving any preference as set out in clause 3. 5 (viii) of the prospectus.

(2.) THE petitioner herein is a daughter of one sambamoorthy, who belongs to Vanniar community. It is said that the said community is notified as Most Backward community by the Government of Tamil nadu. Her mother is a converted Christian Adi Dravida, which is classified as scheduled Cast community. THEy got married in 1977. THE petitioner wrote the +2 examinations in the year 1996 and also appeared for the improvement examinations in the year 1997 and took up professional courses entrance test conducted by Anna University . She secured 173. 20 marks out of 300. In the +2 examinations she secured 993 marks out of 1200 marks. It is her case that she applied for admission to the professional colleges under special category reserved for children born of inter-caste marriage. But admission was denied to her. It is her case that there is no order of preference to the children born of inter-caste marriage, which according to her is illegal and unconstitutional. According to her, all children born out of inter-caste marriage should be treated as one class, and preference given on the basis of the three categories is invalid.