6.However, for the present, this Court merely directs the third respondent to consider the case of the petitioner for admission into MBBS course in Karaikkal ex-serviceman quota provided, she also satisfies the other criterion on merit. 7.The learned Additional Government Pleader (P) is now required to file its counter to this petition. 8.Notice to the respondents 4 and 5 returnable by 27.09.2023. Private notice is also permitted. 9.Post the matter on 27.09.2023. 25.09.2023 Tsg Note : Issue Order copy on 25.09.2023 N.SESHASAYEE, J., Tsg W.P.No.28176 of 2023 25.09.2023

W.P.No.28176 of 2023

& WMP.Nos.27702 & 27703 of 2023

N.SESHASAYEE, J., The petitioner herein challenges a change in matrix vis-a-vis the horizontal reservation provided for the ward of an ex-serviceman. As per the seat matrix, for Medical courses in Karaikal, the total number of seats allotted is 24, and after providing for various categories in vertical reservation, all but it has five seats for the horizontal reservation, of which those from the Government Schools were given two seats, and for physically challenged one seat was reserved, and for freedom fighters, one seat is reserved and for the wards of the ex-service man, one seat is reserved. The grievance of the petitioner is that while only one seat was allotted for the ward of an exserviceman, after the commencement of the admission process, the Government of Puducherry Vide its proceedings dated 14.09.2023, has altered the matrix and allotted the only seat reserved for the wards of exserviceman to MBC. The petitioner’s grievance is that when the quota for the ward of the ex-serviceman is only one, and it cannot be reserved.  If there are more candidates than one for that solitary seat, it may have to be allotted based on merit irrespective of the community to which a candidate belongs.

2.Mr.T.Tamilvanan, learned Additional Government Pleader (P) takes notice for the respondents 1 to 3.

3.The Additional Government Pleader submitted that in all there are 14 students who had applied under the ex-service man category for the solitary seat in Karikal and that the petitioner figures 6^th in the rank list.

4.To this information provided by the learned Additional Government Pleader(P), the petitioner’s counsel submitted that as per the information obtained under the RTI Act, the petitioner is stated to be the sole applicant for the only seat allotted for the wards of ex-serviceman in Karaikal.

5.This Court finds a strong prima facie case is made by the petitioner. There are two significant facts he has raised; a) that rules of the game is being changed in the middle of the game; and b) that when only one seat is made available for any quota, the same cannot be reserved.

6.However, for the present, this Court merely directs the third respondent to consider the case of the petitioner for admission into MBBS course in Karaikkal ex-serviceman quota provided, she also satisfies the other criterion on merit.

7.The learned Additional Government Pleader (P) is now required to file its counter to this petition.

8.Notice to the respondents 4 and 5 returnable by 27.09.2023. Private notice is also permitted.

9.Post the matter on 27.09.2023.

25.09.2023

Tsg

Note : Issue Order copy on 25.09.2023

N.SESHASAYEE, J.,

Tsg

W.P.No.28176 of 2023

25.09.2023