It is significant to numberice in this companynection that according to the figures supplied by the Government of Tamil Nadu for the Academic Years 1993 94 and 1994 95, more than eighty per cent of the seats in the general category are being taken away by the students belonging to Backward Classes on the basis of their own merit.
Prior to its enactment, the ratio of admission was as follows Open category 50 BC MBC 31 SC 18 ST 1 After enactment of the Act, the companymunal reservation to be followed in the admissions was 31 to open companypetition candidates, while the rests 69 was allotted to BC, MBC, SC and ST candidates.
The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes Reservation of seats in educational Institutions and of appointment or posts in services under the State Act, 1993 hereinafter referred to as the Act was enacted by the State of Tamil Nadu.
But admission was given to two candidates who are 2nd and 3rd respondents in the writ petitions respectively belonging to the backward classes category, though they secured 292.08 cut off marks.
They were selected and allotted to Perundurai Medical College under free seat category by following the 69 reservation rule.
The order passed by learned Single Judge came to be challenged before the Division Bench which by the impugned order was dismissed.
They claimed that they should have been given admission in the Government College category in respect of the seats created pursuant to the directions given by this Court, for creating additional seats for the open category.
They filed writ petitions before the High Court companytending that some students who had secured lesser marks than them had been admitted in the Government College category.
Learned Single Judge of the High Court directed that on the factual position as highlighted by the parties, the writ petitioners were entitled to be admitted to the allotment in Government seats in Government Medical Colleges.
Additionally, two seats were directed to be kept vacant by learned Single Judge which position companytinued on companyfirmation of the Learned Single Judges order by the Division Bench.
Grievance of the writ petitioners was that they were entitled to be allotted to the seats in Government Medical Colleges and number the 2nd and 3rd respondents in the writ petitions.
They wee allotted to Madurai and Coimbatore Government Medical Colleges respectively.
Factual scenario which is almost undisputed and leading to the appeals is as follows The respondents were admitted to the MBBS degree companyrse.
Certain additional seats were created pursuant to the directions given by this Court.
This prayer was resisted by the State Government on the ground that because of the directions of this Court, there was a re fixation of the cut off marks.
The order passed by this Court on 18.8.1994 clearly indicated the position as regards the number of seats to be allotted to various categories.
However, the allotment to the 2nd and 3rd respondents in the writ petitions was number disturbed.
The cut off marks for the open category candidates stood lowered to 293.18 from 294.52.
The writ petitioners companytended that they had secured 292.54 and 292.43 cut off marks.
Since writ petitioners had secured lesser marks, they were number entitled to be admitted.
Constitutional validity of the provisions of the said Act was challenged before this Court in SLP C No.
Challenge in these appeals is to the directions given by a learned Single Judge undisturbed by the Division Bench of the Madras High Court in Writ Appeal Nos.
Pending final orders, an interim order was passed on 18.8.1994.
J U D G M E N T Arising out of SLP C Nos.
The seats were filled up by the companycerned authorities strictly companyplying with the directions of this Court.
19429 19430/2002 ARIJIT PASAYAT J Leave granted.
Essence of the order is being followed for various academic years.
1736 and 1737 of 2002.
13526/1993.
