This court dismissed a writ petition seeking 7.5% reservation benefits for a student who studied in a private school until 10th standard and shifted to a government school for 11th standard, noting the petitioner failed to challenge the relevant Government Order despite identical adverse precedent.
The writ petition was dismissed with no costs to any party.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.2286 of 2022
S.Malarkodi
... Petitioner
Vs
1. The Secretary,
2. The Director, School Education Department in Tamil Nadu, College Road, Chennai – 600 006.
3. The Chief Education Officer, Office of the Chief Education Officer, Manjakuppam, Cuddalore – 1.
4. The District Education Officer, Office of the District Education Officer, Manjakuppam, Cuddalore – 1.
5. The Selection Committee, Directorate of Medical Education, Government of Tamil Nadu,
Kilpauk, Chennai – 600 010.
(R5 suo motu impleaded vide order dated 14.02.2022 made in W.P.No.2286/2022)
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to implead petitioner's daughter name S.Jayanerthiya in the 7.5 percent reservation list as a Government school student and allotted a seat to Tamil Nadu Government Medical admission.
For Petitioner : Ms.D.Kalaiselvi For Respondents : Mr.D.Ravichander Special Government Pleader
ORDER
Read this order with conjunction with order dated 14.02.2022, that reads as follows:
“Since the parties concur that the Selection Committee, Directorate of Medical Education, Government of Tamil Nadu, Kilpauk, Chennai-600010 is a proper and necessary party, it is impleaded suo motu as R5.
2. The petitioner has no answer to the issues that have been identified in the above order and only recourse, if any, is to challenge the Government Order, which is not the scope of challenge in the present Writ Petition. In view of the aforesaid admitted position, there is no merit in the petitioner’s claim.
3. This Writ Petition stands dismissed as above. No costs.
Sd/-
Assistant Registrar (CCC)
//True Copy//
Sub Assistant Registrar
| kak | /jeni |
|---|---|
| To | |
| 1. | The Secretary, Tamil Nadu Government, Education Department, Secretariat, Chennai – 600 009. |
| 2. | The Director, School Education Department in Tamil Nadu, College Road, Chennai – 600 006. |
| 3. | The Chief Education Officer, Office of the Chief Education Officer, Manjakuppam, Cuddalore – 1. |
| 4. | The District Education Officer, Office of the District Education Officer, Manjakuppam, Cuddalore – 1. |
| 5. | The Selection Committee, Directorate of Medical Education, Government of Tamil Nadu, Kilpauk, Chennai – 600 010. |
| +1c +1c |
c to Mr.L.Kannan, Advocate SR. No. 23252 c to Government Pleader SR. No. 23632 |
| W.P.No.2286 of 2022 | |
| GPL | (CO) |
| PR | (28/04/2022) |
2 issues framed by the court
Whether a petitioner studying in a private school until 10th standard and shifting to a government school for 11th standard qualifies for 7.5% reservation in medical admission.
Whether the petitioner is entitled to the benefits of G.O.No.438 dated 29.10.2020.
S.Malarkodi
The Secretary, Tamil Nadu Government
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
