1) WE have heard Mr C.S. Vaidyanathan, learned counsel for the petitioner in the contempt petition and Shri Kapil Sibal, learned counsel for the State of Tamil Nadu. Both the counsel have placed certain material and certain facts and figures before us. We do not wish to express any opinion on that material as on today. (2) MR Kapil Sibal tenders on behalf of the government of Tamil Nadu an unconditional apology for the actions taken in violation of the orders of this Court by the State of Tamil Nadu and its officers/authorities. However, when we pointed out that there is no such unconditional apology in the affidavit filed on behalf of the State of Tamil Nadu, he undertook to file an affidavit of the Chief secretary to the government of Tamil Nadu to the above effect within ten days from today. He shall do so. He shall also file an affidavit of a responsible official affirming that the letters of allotment to students admitted in the Government Medical Colleges (both MBBS & BDS colleges) were despatched on 24th, 25th and 26/08/1993 as asserted by him before us today. (3) ORDERS will be passed on the contempt case after the affidavits as aforesaid are filed and further considered. (4) PENDING further orders, we direct that the government shall create 6% additional seats in government Medical Colleges (both MBBS & BDS colleges) and allot these seats exclusively to the open competition candidates strictly on the basis of the merit. Similarly so far as the government Engineering Colleges are concerned, the State shall create 7% extra seats in government Engineering Colleges and allot them on the very same basis indicated above, namely to open competition candidates only, strictly on the basis of merit. The rule of reservation shall not apply to these additional seats. (5) LIST the matters on 22/11/1993 at 2.00 p.m. Let this bench be constituted. (6) THE order regarding the creation of extra seats and filling up of those seats shall be completed on or before 22/11/1993. An affidavit indicating compliance with these directions by the State be filed on that date. (7) THE Indian Medical council and the All-India council for Technical Education shall grant the necessary sanction for the said additional seats forthwith. (8) SPECIAL Leave Petition (C) Nos. 15959-61 of 1993 be listed on 22/11/1993 with these matters.
An affidavit indicating compliance with these directions by the State be filed on that date. (7) THE Indian Medical council and the All-India council for Technical Education shall grant the necessary sanction for the said additional seats forthwith. (8) SPECIAL Leave Petition (C) Nos. 15959-61 of 1993 be listed on 22/11/1993 with these matters. (9) A copy of this order shall also be communicated to the Indian Medical Council and the All-India council for Technical Education today.