Petitioners sought direction to extend 7.5% reservation for Government school students to Government aided school students in medical course admissions. Justice Swaminathan held petition not maintainable absent legal right. Dismissed.
Writ petition dismissed. No costs. Connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 W.P.(MD)NO.19822 OF 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.19822 of 2020 and W.M.P.(MD)No.16525 of 2020
Vs.
Chennai – 600 009.
162, Periyar E.V.R. High Road, Kilpauk, Chennai – 600 010. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 and 2 to extend the reservation benefit of G.O.Ms.No.483 Health and Family Welfare(MCA.1) Department dated 29.10.2020 and Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on Preferential Basis to students of Government Schools Act, 2020 to students who have studied in Government Aided Schools by providing preference in admission to undergraduate courses in Medicine, Dentistry Indian Medicine and Homeopathy within the time frame stipulated by this Court.
For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.Sri Charan Rangarajan, Additional Advocate General, assisted by, Ms.J.Lakshmi Prasanna, Government Advocate.
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2 W.P.(MD)NO.19822 OF 2020
O R D E R
Heard the learned counsel appearing for the writ petitioners and the learned Additional Advocate General appearing for the respondents.
Sd/-
Assistant Registrar (CSII)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
pmu
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3 W.P.(MD)NO.19822 OF 2020
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-39[F] dated 05/01/2021 ) +1 CC to M/s.SPL GP ( SR-66[F] dated 05/01/2021 )
W.P.(MD)No.19822 of 2020
04.01.2021
SSS(CO) KB(19.01.2021) 3P 5C
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3 issues framed by the court
Whether a writ petition can be maintainable under Article 226 of the Constitution for directing government to extend reservation benefit to students of Government Aided schools as a matter of right.
Whether provision authorizing reservation is enabling only and does not create a legal right enforceable as a matter of right under Article 226.
Whether the petitioners have demonstrated existence of a legal right to claim reservation benefit in medical courses for students of Government Aided schools.
P. Rathakrishnan and others
The State of Tamil Nadu
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
