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1993 DIGILAW 1240 (SC)

Voice (Consumer Care) Council v. State Of T. N.

1993-12-06

B.P.JEEVAN REDDY, S.P.BHARUCHA

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(1) WE have heard Sri Ashok Desai for the government of Tamil Nadu and Sri Vaidyanathan for the petitioners today. (2) WE have perused the affidavit filed by Dr Karuppa Swami today mentioning certain particulars. In the affidavit, it is stated that out of 161 seats allocated to all-India quota, only 24 seats were vacant as per the information furnished by the Deans of the respective medical colleges to the government. Since they were surrendered to the State government by the Director General of Health Services, they were filled strictly according to the merit by candidates from out of the O.C. merit list. It is, however, not stated as to how the resultant vacancies, if any, in the reserved categories were filled. In other words, some candidates out of 24 students admitted on the basis of merit from the O.C. merit list must have been admitted earlier under one or the other reserved quota. Since they were now admitted on the basis of their merit from out of the O.C. list, the seats earlier held by them would have fallen vacant. It is those vacancies which we called consequential vacancies and we would like to know how they were filled. This should be done. (3) IT is stated by Sri Desai today that 161 seats were deducted out of the total number of seats, i.e, out of 1072 seats and not from out of the O.C. quota alone as stated by Sri Sibal appearing for the government of Tamil Nadu on an earlier occasion and which statement of Sri Sibal was recorded by us. Sri Desai also stated that 54 seats towards special categories (like physically handicapped etc.) were also deducted from out of 1072 seats. This again is at variance with the information given and assertion made by Sri Sibal on the earlier occasion. An affidavit should be filed affirming the factual statement now made. (4) THE government shall also file the entire merit list, i.e., list pertaining to open competition candidates along with the marks obtained by them -up to S. No. 700, before this court, serving a copy thereof on the appellants counsel, Sri Vijayan, at Madras. (5) SRI Desai states that no prejudice is really caused to merit candidates, if the precise figures are looked to. (5) SRI Desai states that no prejudice is really caused to merit candidates, if the precise figures are looked to. He explained the position in the following manner: Out of 857 seats remaining (after deducting 161 towards all-India quota and 54 seats towards the special category from out of total 1072 50% must go to O.C. candidates. That means that 429 seats. As against this, 358 students have already been admitted. Amongst the students 359 to 429, only 11 students are such who have not been admitted because they do not belong to any reserved category. All the rest have been admitted under one or the other reserved category. 11 seats are vacant as on today as per the affidavit filed today. Before we pass orders with respect to filling up of those 11 seats, we would like to have an affidavit from a responsible officer of the government affirming the facts stated in this para. The affidavit/affidavits affirming the said facts shall be filed by the government on or before 9/12/1993. Copies thereof shall be served on Sri Vijayan, Advocate at Madras on or before 9/12/1993. (6) PENDING further orders, 11 seats mentioned in the affidavit of Dr Karuppa Swami filed today shall not be filled up. The government shall also not fill up any other seat, whether in the all-India quota or any other quota including O.C. category. The 54 seats relating to special category shall also be not filled up, as already directed, pending further orders. (7) LIST on 13/12/1993 at 2.00 p.m.