SEKAR REPORTER

Court News from Madras High Court

light of the aforesaid, prima facie case is made out for accommodating the petitioner to the seat in ex-servicemen category in Indira Gandhi Medical College and Research Institute. The petitioner shall be permitted to attend classes forthwith, on furnishing of necessary documents. 5. List on 30.10.2023. 16.10.2023 ssm Dr.ANITA SUMANTH, J. ssm W.P.No.28176 of 2023 and W.M.P.Nos. 27703, 29258, 29261 & 29266 of 2023 16.10.2023. Adv priya ravi

by ·

W.P.No.28176 of 2023 and
W.M.P.Nos. 27703, 29258, 29261 & 29266 of 2023
Dr.ANITA SUMANTH, J.
Heard all learned counsel.
2. The original seat matrix makes it clear that one seat is reserved for a candidate from ex-servicemen category in Karaikal Region. The present seat allotment has done away with this category. It is unclear as to what has transpired between 07.09.2023 and 14.09.2023 to justify the revision of the seat matrix
on 14.09.2023.
3. In the judgment in Anil Kumar Gupta and Others v State of U.P. and others [(1995) 5 SCC 173], a copy of which is supplied by Mr.AR.L.Sundaresan, in paragraph 18, the Court has specifically set out the basis on which reservation of candidates will be
accommodated :-
“18.Now, coming to the correctness of the procedure prescribed by the revised notification for filling up the seats, it was wrong to direct the fifteen percent special reservation seats to be filled up first and then take up the O.C. (merit) quota (followed by filling of O.B.C., S.C. and S.T. quotas). The proper and correct course is to first fill up the O.C. quota (50%) on the basis of merit: then fill up each of the social reservation quotas, i.e., S.C., S.T. and B.C; the third step would be to find out how many candidates belonging to special reservations have been selected on the above basis. If the quota fixed for horizontal reservations is already satisfied – in case it is an over-all horizontal reservation – no further question arises. But if it is not so satisfied, the requisite number of special reservation candidates shall have to be taken and adjusted/accommodated against their respective social reservation categories by deleting the corresponding number of candidates therefrom. (If, however, it is a case of compartmentalised horizontal reservation, then the process of verification and adjustment/accommodation as stated above should be applied separately to each of the vertical reservations. In such a case, the reservation of fifteen percent in favour of special categories, overall, may be satisfied or may not be satisfied.) Because the revised notification provided for a different method of filling the seats, it has contributed partly to the unfortunate situation where the entire special reservation quota has been allocated and adjusted almost exclusively against the O.C.
Quota.”
(emphasis supplied by this Court)
4. In light of the aforesaid, prima facie case is made out for accommodating the petitioner to the seat in ex-servicemen category in Indira Gandhi Medical College and Research Institute. The petitioner shall be permitted to attend classes forthwith, on
furnishing of necessary documents.
5. List on 30.10.2023.
16.10.2023
ssm
Dr.ANITA SUMANTH, J.
ssm
W.P.No.28176 of 2023 and W.M.P.Nos. 27703, 29258, 29261 & 29266 of 2023
16.10.2023

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