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IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. No.  29708 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

 

W.P. No.  29708 of 2022

 

  1. Venkatesan

S/o Late R. Kannan

Hindu, Aged 75 years

National Vice President,

Akhil Bharatiya Kshatriya Mahasabha

27 F, III Floor, Pandu Klix Plaza

No.168, Thambu Chetty Street

Chennai 600001.                                                                                        …Petitioner

-Vs-

  1. Union of India,

Represented by its Secretary,

Ministry of Health and Family Welfare,

New Delhi- 110001

 

  1. The State of Tamil Nadu represented

By its Principal Secretary to the Government

Health & Family Welfare (MCA-1) Department

Government of Tamil Nadu, Fort St. George

Chennai- 600009.

 

  1. The Principal Secretary to the Government

Department of Higher Education

Government of Tamil Nadu, Fort St. George

Chennai- 600009.

 

4.The Principal Secretary to the Government

Department of School Education

Government of Tamil Nadu, Fort St. George

Chennai- 600009.                                                                     …Respondents

 

PRESS RELEASE:

PIL for increasing the reservation to 30% from current 7.5% of total seats, so all 2656 Government school students, who successfully passed NEET -22 exam will get admission to MBBS.

  1. Akhil Bharatiya Kshatriya Mahasabha also known as All India Kshatriya Mahasabha was founded in the year 1897. It was formed to promote, protect and fight for rights and interests of Kshatriya community of the Indian society. After the First War of Indian Independence in the year 1957, the position of many Taluqdars Rajput Estate Holders, who supported the revolutionists or participated with them were compromised. The British impounded many of their lands and properties and they were taxed with heavy fines. Raja Hanumant Singh, the Chief of Kalakankar was one such Taluqdar, who was dispossessed of his many properties for supporting the First War of Indian Independence in 1857. Raja Hanumant Singh, realized a pan India organization was necessary to put the voice and injustice faced by their community. He founded the association with other Taluqdars of Oudh and organization named the Ram Dal in the year 1857. It was renamed Kshatriya Hitkarni Sabha in 1860. The Mahasabha was thus formed to protect and fight for rights and interest of Kshatriya communities. Kshatriya Mahasabha is successor to the Kshatriya Hitkarni Sabha, which was renamed Kshatriya Mahasabha 1897. Akhil Bharatiya Kshatriya Mahasabha came into existence on 19th October, 1897, creating a platform to promote the cause of the Kshatriyas. At that time the princely states rulers and large zamindars held the sway and they started various schools and colleges in their territories for education.
  2. Justice P Kalaiyarasan Committee appointed by Tamil Nadu Government has submitted a report in June 2020 that highlighted the disparities in socio-economic statuses of students from government and private schools and has recommended a minimum of 10% horizontal reservation for students studying in Government schools. Government of Tamil Nadu has accepted the report and issued a G.O on 29.10.2020 to reserve 7.5% of the seats in all medical colleges for the students who have cleared NEET exam and have studied in a government managed schools from class 6 to 12. Government has provided the following justification for 7.5% horizontal reservation.

“Of the 7,968 higher secondary schools in the state, 3,054 schools           (38.32 percent) have been run by the government. Of the 8.41 lakh           students in higher secondary courses, 3.44 lakh students (41 percent)           were in government-run schools. Of the 5,550 medical seats in Tamil           Nadu, 4,043 are of state quota. Of this, only 0.15 percent of seats have           been given to students hailing from poor economic backgrounds who   study in government schools”.

  1. The Honorable Madras High court vide its order dated 7th April 2022

  in W.P. Nos. 20083, 16884, 18282, 18320, 18718, 20078, 20082, 20084, 20087, 20089, 20092, 20093, 20098, 20100, 20101, 20104 of 2020, 1925, 1927, 2866, 2870, 4270 and 5511 of 2021 (batch cases)

has upheld validity of the Government decision on 7.5% horizontal reservation for Government school students.

  1. During the recently concluded NEET Exam 2022, 2656 Students from Government schools belonging to socially backward sections have successfully achieved Eligibility and hence are qualified to pursue their dreams of medical education. But as the reservation is limited to only 7.5% of total seats, less than 600 students will get admission. As both Justice P.Kalaiyarasan Committee and Justice A.K.Rajan committee, which was constituted for abolition of NEET, have clearly highlighted the disadvantages of Government school students and their inability to pay for high cost private coaching classes, it is imperative that the state Government should consider their plight and increase the Horizontal reservation to 30% from existing 7.5%, so all 2656 students who in spite of all hardship, have successfully passed NEET Exams and fully deserved to study Medical education. This would ensure true SOCIAL JUSTICE.
  2. During the academic year 21-22, more than 1799 students have successfully qualified but less than 450 students got admission. We have petitioned the state Government on 9.2021 to increase the horizontal reservation to 30% and we again requested the state government and on 19.10.2022. Since there was no response from the Government we filed the above WP No. 29708 of 2022 as a Public Interest Litigation before the Madras High Court.
  3. The above WP No. 29708 of 2022 was listed before the Honourable First Bench consisting of the Honourable The Acting Chief Justice and His Lordship Mr. Justice D. Bharatha Chakravarthy as Item No. 7 of the Cause list of 10.11.2022 i.e, today for admission. The Honourable Bench was pleased to direct the (1) Principal Secretary to the Government, Health & Family Welfare (MCA-1) Department, Government of Tamil Nadu (2)  The Principal Secretary to the Government,  Department of Higher Education,  Government of Tamil Nadu (3) The Principal Secretary to the Government, Department of School Education, Government of Tamil Nadu to submit their report in this regard by one week i. e,, by 17.11.2022 and ordered Notice in respect of the above Writ Petition. On behalf of the first respondent the Ministry of Health and Family Welfare, Union of India, Mr. V. Chandra Sekar, Senior Panel Counsel, Central Government took Notice. On behalf state Government Mr. Muthukumar, Government Pleader took Notice. Mr. M. Dinesh assisted by Mr. K. Santhosh appeared for the petitioner on behalf of M/s P. Ganesan, Counsel for Petitioner of Copy of the Affidavit filed in support of the Writ Petition is enclosed herewith.

The above News may be published in your esteemed Newspaper/ Media so that there could be a debate and discussion in this regard in the public domain.

 

(K. VENKATESAN)

NATIONAL VICE PRESIDENT

AKHIL BHARATIYA KSHATRIYA MAHASABHA SABHA

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