petitioner challenged JIPMER admission prospectus residence conditions for Puducherry Scheduled Caste category. Court dismissed writ as irretrievable with existing precedents distinguishing residence-based concessions from reservation.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2014
Coram
The Honourable Mr.Justice B.RAJENDRAN
W.P. No. 11786 of 2014 and M.P.Nos.1 and 2 of 2014
Attavanai Ena Makkal Samuga Neethi Eyakkam rep. by its President A.Ramamurthy
...Petitioner
vs. 1. The Secretary to Government Ministry of Home Affairs New Delhi. 2. The Secretary to Government The Ministry of Health and Family Welfare Government of India, New Delhi. 3. The Director, JIPMER Puducherry. 4. The Chairman Medical Council of India Dwarakha Phase New Delhi. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified Mandamus to call for the records of the third respondent in respect of Clause (vi) of the prospectus issued for admission to I year M.B.B.S., Course for the academic year 2014-15; to quash the same insofar as general condition of residence as provided in Clause (iv) (a) (b) of the prospectus is made applicable for admission to the Puducherry Scheduled Caste category and consequently to direct the respondents to fill up the seats earmarked for Puducherry Scheduled Caste category with the Scheduled caste candidates of Puducherry Origin on the basis of the Presidential Order, 1964.
For Petitioner : Mr.V.Ajayakumar
ORDER
This writ petition is filed challenging the prospectus issued for admission to I year M.B.B.S., Course for the academic year 2014-15; to quash the same insofar as general condition of residence as provided in Clause (iv) (a) (b) of the prospectus is made applicable for admission to the Puducherry Scheduled Caste category and consequently to direct the respondents to fill up the seats earmarked for Puducherry Scheduled Caste category with the Scheduled caste candidates of Puducherry Origin on the basis of the Presidential Order, 1964.
(a) The petitioner is an organisation started by the Scheduled Caste people of Puducherry for the welfare and development of the Scheduled Caste candidates of Puducherry origin. According to the petitioner, under the French regime, there was a Medical College in Puducherry and the same was run by French Administration. When the Puducherry administration was taken over by the Government of India in 1954, an agreement was entered into in which Clause 30 provides that those students who are studying in the said Medical College are having the option either to get a scholarship and to continue their studies in France or to join any college under the Government of India. On the basis of the said agreement, the Government of India has started JIPMER Medical College. Totally 50 seats were available and out of which 15 seats are reserved for persons of Domicile in former French territories and three seats are reserved for the Scheduled Caste, Scheduled Tribe and Backward Class people. This arrangement was continued till date.
(b) The JIPMER has issued a prospectus indicating that there are 150 MBBS seats available for the academic year 2014-15 and it was divided into two categories, viz., Puducherry Category and All India Category. Out of the total number of 150 MBBS seats, 40 seats are reserved for the residents of Puducherry and that 40 seats coming under the Puducherry origin is further divided as follows: Puducherry U.R. 23 Puducherry O.B.C. 11 Puducherry S.C. 6
Accordingly, six seats are allotted to Puducherry Scheduled Caste students.
(c) Clause (vi) of the prospectus provides that "Puducherry
Scheduled Caste" means a candidate satisfying the definitions of categories (iii) as well as (iv-a)/(b). Category (iv) (a) and (b) of the prospectus states that the candidates who are having five years residence in the Union Territory of Puducherry or the candidates whose parent or parents are serving in the Union Territory of Puducherry for a period of one year prior to the submission of application form are entitled to get the benefit of reservation under the Puducherry Scheduled Caste Category.
(d) According to the petitioner, the above provision is against the rule of reservation. As per the said rule, the candidates who do not come under the above definition cannot claim admission under the Puducherry Scheduled Caste Category. The further case of the petitioner is the word "residence" has to be construed as permanent residence at the time of the proclamation of the Presidential order as provided under Section 20 of the Representation of Peoples Act. Hence providing five years residence or one year residence as stated in clause (iv) (a)/ (b) in the prospectus for the year 2014-15 is in violation of law regarding reservation.
(e) According to the petitioner, Scheduled Caste Origin alone could be considered as Scheduled Caste of Pondicherry. The Scheduled Caste migrants cannot be treated as Scheduled Caste of Pondicherry notwithstanding their residential status.
(f) Therefore, the petitioner wanted the clause regarding residential status to be quashed and a consequential direction to the respondents to fill up the seats earmarked for Puducherry Schedule Caste category with the Scheduled Caste candidates of Puducherry origin on the basis of the Presidential Order, 1964.
"21. The prospectus makes it clear that 40 seats earmarked for Pondicherry local candidates is meant for local residents which would include the Scheduled Caste candidates. There is no reservation in favour of Scheduled Caste Origin as such.
"9. ............The second respondent being a Central Government institution, they have reserved eight seats for all the Scheduled Caste candidates. However, as a concession, in the place of the location of the institution, five seats are set apart for residents of Pondicherry Scheduled Castes. This is not to be treated as a reservation under Article 16(4). It is only a concession shown and a source of selection for the colleges on the basis of the location. Just like Pondicherry General where 15 seats are located to residents of Pondicherry, similarly, five seats are located to residents of Pondicherry. Those residents have no connection with the Scheduled Caste Presidential Notification. Further, it cannot be, in any way, restricting the right of the Scheduled Castes in the reservation of allotment to the eight seats reserved for Scheduled Castes.
"13. Further, as far as Central Government institutions are concerned, no distinction is made between Scheduled Caste candidates who have the origin in a particular State or Union Territory and Scheduled Caste candidates who have migrated. This clarification is obtained in the Government of India, Department of Telecom Letter No.1-13/92-SCT dated 18/31.8.1992. As per the clarification obtained from the Ministry of Welfare and Ministry of Home Affairs, Department of Personnel and Training, there is no distinction between origin and migration cases as far as Central Government institutions are concerned. They are applicable only to State Government services and State Government educational institutions. Applying this criteria and in view of the fact that the conditions in Clause 3.5.1 of the Prospectus were met, respondents 4 to 12 have been admitted. The percentage of reservation for Scheduled Caste candidates in the respondent Institution is 15% and out of the 75 seats, 20 seats are reserved on residential basis and for the remaining 55, if 15% reservation is applied, it comes to 8.25 and therefore, 8 seats are given under the Open Scheduled Caste category. As regards the 20 seats, 15% reservation will actually come to three seats. On the other hand, five seats are given for Pondicherry Scheduled Castes. Therefore, the quota for Scheduled Castes has not been diminished. Out of that quota, as a concession, the Pondicherry Scheduled Caste candidates, as defined in the Prospectus, have been given five seats. The petitioner has participated in the examination quite aware of the reservation for Pondicherry Scheduled Castes. Having participated in the examinations, he now finds himself out of the running since other students who also applied under the Pondicherry Scheduled Caste category have acquired more marks than him; so, he has laid the challenge. There is no violation of the Constitutional requirement of reservation. "
Sd/Assistant Registrar(CS-II) Dated: 13.06.2014
//True Copy//
Sub Assistant Registrar
vj2
To
1. The Secretary to Government
Ministry of Home Affairs
New Delhi.
2. The Secretary to Government
The Ministry of Health and
Family Welfare Government
of India, New Delhi.
3. The Director, JIPMER
Puducherry.
4. The Chairman
Medical Council of India
Dwarakha Phase
New Delhi.
1 CC to Mr.V.Ajayakumar, Advocate SR.No. 23559
W.P. No.11786 of 2014
AD (CO)
PSI (13.06.2014)
2 issues framed by the court
Whether the petitioner can quash the residence-based conditions in the JIPMER prospectus for the Puducherry Scheduled Caste category.
Whether seats earmarked for local Scheduled Caste residents constitute reservation under the Presidential Order, 1964 or merely a concession.
Colour shows how this judgement treated each authority
Attavanai Ena Makkal Samuga Neethi Eyakkam rep. by its President A.Ramamurthy
The Secretary to Government Ministry of Home Affairs New Delhi
The Secretary to Government The Ministry of Health and Family Welfare Government of India New Delhi
The Director, JIPMER Puducherry
The Chairman Medical Council of India Dwarakha Phase New Delhi
B.RAJENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
