Judgment :- The petitioner filed the above writ petition praying to issue a writ of Mandamus to direct the first and second respondents to follow the Rule of Reservation as per Clause 8(e) of the Prospectus issued by the respondents for admission to MBBS for 2003-2004 in the Government and Self Financing Medical Colleges in the State of Tamil Nadu and allot a MBBS seat to the petitioner in any one of the Medical Colleges in the State of Tamil Nadu as per his eligibility. 2. In the affidavit filed along with the writ petition, it is stated as follows: The petitioner, minor Rajiv completed his Matriculation Course in April 2001 from Don Bosco Matriculation Higher Secondary School, Tanjore and secured 1011 out of 1100 marks. He completed his HSC Education from Vidhyaa Vikas Higher Secondary School, Tiruchengode in March, 2003 nd secured 1134 marks out of 1200. He belongs to Parkavakulam Nathamar community which is a Backward Class Community. The petitioner wrote the Tamil Nadu Professional Courses Entrance Examination, 2003 for MBBS Admission conducted by Anna University in April, 2003. The petitioner secured 294.91 marks out of 300 marks as aggregate marks and 99.16% in the Entrance Examination. The petitioner was ranked 869 in the General Rank list and 629 in the BC Rank list. According to the prospectus 31% of seats were available for open competition; 30% for Backward Classes; 20% for Most Backward Class/Denotified Communities; 18% of the Schedule caste and 1% for schedule Tribes. The respondents did not publish the exact number of sanctioned seats in the various Government Medical Colleges and Self-Financing Medical Colleges either in the prospectus or at the venue of the Counseling. 3. The respondents conducted the first phase of counseling from 26.06.2003 to 29.06.2003 for the open category candidates who had obtained aggregate marks between 299.75 and 296.99. In the said counseling candidates who belong to BC, MBC, SC and ST categories also participated and all candidates who secured marks up to 296.99 as aggregate got admissions in the open category. In the first phase counseling not only the forward community candidates, but also other category candidates who belong to BC, MBC, SC, ST got their admissions who had secured marks above the cut off arrived at for the open category from the General Rank list. In the first phase counseling not only the forward community candidates, but also other category candidates who belong to BC, MBC, SC, ST got their admissions who had secured marks above the cut off arrived at for the open category from the General Rank list. In the second phase counseling from 17.07.2003 and 18.07.2003, the balance of the OC seats ought to be filled up. Instead, the counsel schedule indicated that the respondents decided to start counseling for the BC category. The respondents cannot start counseling for the reserved category without filling up all the OC category. On account of the wrong procedure adopted by the respondents, candidates form the BC, MBC, SC and ST who were eligible to get admitted to the OC were not given seats against the seats meant for OC but were accommodated in the other respective reserved categories. In the second phase of counseling scheduled on 17.07.2003 and 18.07.2003 many forward community candidates under the OC category whose general ranks are above 425, have been called for counseling by the respondents. One Mr.Karthik Narayanan who is the 745th rank holder in the general rank list and belonging to forward community has been called for counseling on 18.07.2003 under the self-financing Medical Colleges category. It is not possible for a forward candidate who was in the 745 the rank in the general list for being called for counseling under the self-financing Medical Colleges category by the respondents if they had strictly followed the Rule of Reservation for MBBS/BDS admission. This procedure being adopted by the respondents is in total violation of the principles specified in the prospectus. Further, if the respondents strictly follow the rule of reservation the petitioner would get admission in the MBBS course for the academic year 2003-2004. The respondents did not follow the Rule of Reservation. Hence, this petition. 4. Counter has been filed by the second respondent denying the allegations of the petitioner it is stated that the petitioner has scored 29.4.91 as total marks. Counseling for MBBS seats available in all Government Medical Colleges was completed by 17.07.2003. The cut off marks for BC category for admission in Government Medical College is 295.32 and the petitioner is not coming in the zone of consideration for admission in MBBS course in Government Medical College as has secured only 29.04.91 against the cutoff marks 295.32. Counseling for MBBS seats available in all Government Medical Colleges was completed by 17.07.2003. The cut off marks for BC category for admission in Government Medical College is 295.32 and the petitioner is not coming in the zone of consideration for admission in MBBS course in Government Medical College as has secured only 29.04.91 against the cutoff marks 295.32. The petitioner is eligible for admission in Government quota seats available in self-financing private medical colleges. The petitioner was called for counseling on 21.07.2003 and he was allotted MBBS seat in Meenakshi Medical College under payment category as per his marks. The petitioner has approached this Court seeking direction to the second respondent to follow the rule of reservation as per Rule 8(c) of the prospectus for MBBS admission in the session 2003-2004 and allot him a seal in any one of the medical college. Petitioner filed the above writ petition on 17.07.2003. In the mean time the petitioner herein was allotted an MBBS seat in the counseling conducted on 21.07.2003 under payment category in Meenakshi Medical College. 5. The respondent has further contended in his counter affidavit that the contention of the petitioner that candidates belonging to BC/MBC/SC/special categories and eligible for admission under open category were not given admission in the seats reserved against open category is not correct. Totally 338 in Government and 50 in Self financing Institution candidates were eligible under open category. Cut off marks for open category in Government MBBS seats is 296.66 and 295.15 in self-financing institutions. The respondents followed 69% rule of reservation and admitted 381 of candidates against 31% seats reserved in favour of open category, and thereafter followed 50% rule of reservation and admitted the students who were deprived admission due to the implementation of 69% rule of reservation in terms of the directions of the Supreme Court communicated by Assistant Registrar, Supreme Court of India in its letter No.2245/93/SEC.XII dated 03.05.2003 the respondents followed 50% rule as well as identified 19 candidates as beneficiaries under open category. According to the petitioner, Karthik Narayanan rank No.745 in the General merit list, belonging to Forward Community would not have been called for counseling, had the respondent strictly followed the rule of reservation. The said Karthik Narayanan belonging to OC was called for counseling only in accordance with his rank in the general merit list. According to the petitioner, Karthik Narayanan rank No.745 in the General merit list, belonging to Forward Community would not have been called for counseling, had the respondent strictly followed the rule of reservation. The said Karthik Narayanan belonging to OC was called for counseling only in accordance with his rank in the general merit list. The fact that Karthik Narayanan was called for counseling for admission in Government quota seat available in self financing college would not change the rank position of the writ petitioner. In any event the petitioner is not coming within the zone of consideration for admission in any one fo the Government Medical colleges or in the IRT Medical College managed by the State Government undertaking. The petitioner herein has accepted the Government quota seat in Meenakshi Medical College and received the allotment order on his own violation pending writ petition. There is no merits in the writ petition and is liable to be dismissed. 6. The respondents filed supplementary counter affidavit stating that in order to place the cut of marks as per the re-counseling held on17.09.2003 and 18.09.2003 and the status of the petitioner after the re-counseling, the respondents are filing this supplementary counter affidavit. The selection committee has conducted re-counseling on 17.09.2003 and 18.09.2003 for re-allotment/admission of candidates in MBBS/BDS courses in pursuance of the directions of this Court issued on 04.08.2003 in W.P.No.17703 of 2003. Various details with respect to seats allotted are given in the supplementary counter-affidavit. 7. From the perusal of annexure I to III, it is clear that no candidate scored lesser marks than the petitioner was given admission in Government Medical College or in IRT Medical College, PSG College of Medical Science under general category. All the BC candidates selected in Vinayaga Mission Medical College have been selected during the I Phase of counseling and they cannot be expelled as per the orders of this Court dated 4.8.2003. Further he had not chosen the seats which were available in MBBS course at Vinayaka Mission Medical College though seats were available at his turn, instead he had taken MBBS seat in Meenakshi Medical College. But he has not joined in the Meenakshi Medical Collage, even though he was given enough time for joining. Further he had not chosen the seats which were available in MBBS course at Vinayaka Mission Medical College though seats were available at his turn, instead he had taken MBBS seat in Meenakshi Medical College. But he has not joined in the Meenakshi Medical Collage, even though he was given enough time for joining. The petitioner herein was considered for admission in accorded with his rank and he was allotted a seat in Meenakshi Medical College, again during the second phase of counseling he was offered MBBS seat in Meenakshi Medical college and he opted out. In view of the fact that the petitioner herein was given a seat in Meenakshi Medical College in accordance with his rank, the above mentioned writ petition has become infructuous. 8. Along with the supplementary counter, annexure-1 has been filed showing the names of the persons who were selected for MBBS course in Government Medical Colleges under open competition. 9. Mrs. Nalini Chidambaram, learned Senior counsel appearing for the petitioner submitted that if the respondents strictly follow the Rule of Reservation for MBBS/BDS admission, the petitioner would have got a seat in the Government College itself but failed to do so, to fill up the seats the respondents while allotting the seats in the first phase of counseling, admitted candidates under the BC, MBC, SC and ST category itself. To fill up the open competition category, those persons who got higher marks should have been selected and only remaining should be allotted to the other category, When that was done correctly the candidate by name Bharadwaj and Karthik Narayanan referred to in the petitioner would not have been got admission in P.S.G.College. The case of said Bharadwaj whose rank was 1029 in the merit list. But it is not known how the said Bharadwaj who appeared in open competition (OC) having 295.49 cut off mark got admission. 10. Even though it appears some force in the argument, a perusal of the list would show that the student Supraja who has got 666 rank and got 295.49 marks and whose name is found immediate above to the student by name Natesh Prabu.R. who got 681 rank and got 295.48 marks is found just below to Bharadwaj whose rank was 1029, it appears to be a mistake. Therefore, Bharadwaj would have definitely got marks above Natesh Prabu. Therefore, Bharadwaj would have definitely got marks above Natesh Prabu. Admittedly, the rank of the petitioner was 869 in the general rank list and 629 in the BC rank list. 11. List of Candidates selected for MBBS course in the Government Medical colleges under open competition was annexed along with the supplementary counter affidavit. There is no person who has got lesser than the petitioner got admission in any of the Government Colleges and other self-financing colleges like P.S.G.College, Vinayaka Mission Medical College etc. Therefore, it cannot be said that the petitioner has not been given due opportunity. Further it is stated in the counter and also reference have been produced to the effect that when the petitioner went for first counseling, seats were also available in the Vinayaga Mission Medical College, Salem and Meenakshi Medical College, Kancheepuram. But the petitioner did not choose Vinayaga Mission instead, he selected Meenakshi Medical College, Kancheepuram. But when he was called for second counseling, the petitioner is not within the zone of consideration for admission in any of the government Medical Colleges and in any other self-financing Medical Colleges. But he opted out MBBS seat in Meenakshi Medical College and hence, in view of the the above said position, the petitioner's original allotment to Meenakshi Medical College stands confirmed, in accordance with the merits and marks obtained by him. Therefore, there is no irregularity committed by the authorities. 12. Learned counsel appearing for the petitioner further submitted that the first counseling is done correctly but only in the second counseling certain irregularities were committed by the respondents. It has to be seen that when the single window system is adopted it is likely and it is possible for person who got lesser marks to get a seat which he would not have normally got in the Government Colleges. For example, suppose a person during first counseling has got higher rank, and got seats but later for some reasons, he did not join, that seat becomes vacant, and that seat will not be given to the immediate next person. In the mean while, since due to lapse of time that seat would be given to a person who is far below the rank. 13. In the mean while, since due to lapse of time that seat would be given to a person who is far below the rank. 13. Therefore, merely because Karthik Narayanan who got 295.25 marks and was placed in 745 rank who got seat in P.S.G.College, it cannot be said that the petitioner should have got a seat in the P.S.G.College and Karthik Narayanan would not have got a seat in the normal course. There is no valid or acceptable reasons to accept this contention. 14. Considering the counter-affidavit along with the annexure filed therein and on perusal of that list, admittedly, none of the persons who got lesser than the mark that the petitioner got admission in the Government Colleges or in any other self financing colleges. There appears no irregularity in the procedure followed by the selection committee. Further, in the case of single window system, it is always possible for some person getting a seat which was originally given to some other person and due to the reason that the person who got seat earlier may relinquish the same. However, this petitioner having chosen the seat in Meenakshi Medical college did not join. Therefore, even during the second counseling he was given a seat, but within the prescribed time he did not join. For the foregoing reasons, there is no ground to interfere with the selection committee. In the result, the writ petition is devoid of merit and the same is dismissed. No costs.