Judgment :- Petitioner, who is an applicant for admission in the first year MBBS course, 2012-2013, has filed this writ petition on the ground that she ought to have been admitted in anyone of the Government Medical Colleges in Tamil Nadu and the admission given to her in a Self-Financing Private Medical College is not proper and prayed for admitting her in anyone of the Government Colleges. 2. The brief facts necessary for disposal of this writ petition are that the petitioner appeared for Higher Secondary examinations in March, 2012 and obtained 1167 marks out of 1200. Petitioner belongs to BC community. For MBBS selection, petitioner secured 197.25 marks out of 200. Petitioner's rank in the open category is 1441 and in BC category is 927. According to the petitioner, as per the prospectus issued by the second respondent, total number of MBBS seats available in the State of Tamil Nadu is 2145, out of which 31% of seats are reserved for OC; 30% for BC; 20% for MBC; 18% for SC; and 1% seat are reserved for ST; and that in OC seats, all community candidates are entitled to get selection based on the marks/merit. The seats available for open competition candidates is 565; BC candidates 483; BC (Muslim) 64; MBC 365; SC 276; SC(A) 52; and for ST candidates 18. Petitioner states that the candidates belonging to BC community, selected in OC category were counted in BC vacancies and therefore the petitioner's claim under BC category is not considered for selection in Government Medical Colleges and she was selected only in Self-financing Medical College viz., Chennai Medical College (SRM), Trichy. According to the petitioner, due to the wrong selection procedure followed by the second respondent, 91 MBC candidates were admitted in excess, apart from 21 excess seats given to SC candidates and 12 seats to BC(M), and 122 seats meant for BC students were not granted admission. If the BC candidates selected under OC category were not counted under the BC community reserved category, petitioner will be entitled to get seat in anyone of the Government Medical College as she has secured 197.25 marks. 3. If the BC candidates selected under OC category were not counted under the BC community reserved category, petitioner will be entitled to get seat in anyone of the Government Medical College as she has secured 197.25 marks. 3. The respondents have filed counter affidavit contending that 1823 seats are available in the Government Medical Colleges and by applying 31% reservation for OC candidates, 565 students were selected purely on merit basis and candidates belonging to BC community numbering 358 were selected under open category solely on the basis of merit. The cut-off marks for open category candidates was 198.50 out of 200. Thereafter 483 BC (General) community candidates were selected and the cut-off marks for selected candidates in the Government Medical Colleges for BC (General) is 198.50. Similarly 64 candidates were selected from among the BC(M), 365 from MBC, 276 from SC, 52 from SC(A) and 18 from ST. The petitioner was assigned Rank No.1441 in OC category and 927 in BC (General) category. BC candidates selected based on merit, under OC category are 358. 483 BC candidates were selected under BC category and total BC candidates selected for admission to MBBS course in Government Medical Colleges are 841. Petitioner's rank in BC (General) being 927, petitioner has no scope to get admission in BC category in any Government Medical College and she was selected and admitted in a Self-financing College at Trichy, and there is no illegality in the said selection. It is further stated that the present procedure is being followed all through and the BC or any other community candidates selected under the open competition category were permitted to select colleges of their choice based on the availability of seats either under OC or BC and the same is questioned by the petitioner, misconstruing the fact about the strict following of the vertical reservation (Community wise reservation). The contention of the petitioner that in Tuticorin Government Medical College no OC candidate is selected is answered by stating that all the BC candidates selected under OC category opted for selection in BC category in other colleges and the same is permissible as per the prospectus, which cannot be challenged by the petitioner having participated in the selection. 4. The contention of the petitioner that in Tuticorin Government Medical College no OC candidate is selected is answered by stating that all the BC candidates selected under OC category opted for selection in BC category in other colleges and the same is permissible as per the prospectus, which cannot be challenged by the petitioner having participated in the selection. 4. The learned counsel appearing for the petitioner reiterated the contentions raised in the affidavit filed in support of the writ petition and contended that if all the BC candidates selected under OC category were not allotted seats in BC community reserved category, petitioner ought to have been considered for admission in a Government College and thus the second respondent has violated the reservation policy of the State Government. 5. The learned Additional Advocate General on the other hand submitted that no violation of reservation is made by the second respondent while admitting students in Government Medical Colleges, and allotting seats to Government Colleges and Self-financing colleges. The learned Additional Advocate General further submitted that by allowing meritorious candidates to choose the college of their choice on the basis of availability of vacancies cannot be found fault with as meritorious candidates always choose colleges of their choice if vacancies are available. The learned Additional Advocate General further submitted that admission of students by following reservation in the strict sense and thereafter allotting students to different colleges as per the prospectus, is proper and no interference is called for. 6. I have considered the rival submissions made by the learned counsel for the petitioner as well as the learned Additional Advocate General. 7. It is an admitted fact that the petitioner applied for selection to MBBS Course 20122013 by submitting application bearing registration No.AR7277. Petitioner's marks for admission to MBBS course is 197.25 out of 200. Petitioner's rank in the open category is 1441 and in BC category is 927. Number of seats reserved for OC category viz, 31% in Government Colleges is 565 and the number of BC candidates selected under open competition is 358. Similarly, 16 BC(M), 106 MBC, 30 SC, 2 SC(A) and 1 ST candidates were selected as open competition candidates, purely on the basis of marks. Thus, it is manifest that first 358 BC community candidates were accommodated in open category seats and the candidates from 359 to 841 were accommodated under BC (General) category. 8. Similarly, 16 BC(M), 106 MBC, 30 SC, 2 SC(A) and 1 ST candidates were selected as open competition candidates, purely on the basis of marks. Thus, it is manifest that first 358 BC community candidates were accommodated in open category seats and the candidates from 359 to 841 were accommodated under BC (General) category. 8. Petitioner's rank in BC category being 927, she has no scope for getting admission in any Government Medical College as the cut-off mark for BC candidates selected under BC category was undisputably 197.50 and petitioner's mark is 197.25 only. Petitioner being a BC community candidate, she is entitled to be considered for admission both under OC as well as BC category. The cut-off marks for OC category candidates being 198.50, petitioner cannot be selected under OC category also. 9. In the counter affidavit filed by the second respondent it is clearly established that totally 841 (358 and 483) BC community candidates were selected under OC and BC categories. The BC candidates selected under OC category were not counted under BC quota for admission. Similarly, 64 BC(M), 265 MBC, 276 SC, 52 SC(A) and 18 ST candidates were given admission in Government Medical Colleges under open competition. The total candidates selected for admission in Government Medical Colleges is 1823 and the break-up details are as follows: Other Communities .. 52 Backward Class .. 841 (358 under OC and 483 under BC) Backward Class .. 80 (16 under OC and 64 under BC(M)) (Muslims) Most Backward Class .. 471 (106 under OC and 365 under MBC) Scheduled Caste Class .. 306 (30 under OC and 276 under SC) Scheduled Caste .. 54 (2 under OC and 52 under SC(A)) (Arunthathiar) Scheduled Tribes .. 19 (1 under OC and 18 under ST) 1823 ===== In the said circumstances, the respondents have not violated the reservation policy viz., 69% for admission to MBBS course 2012-2013. 10. The next issue to be considered is whether the BC candidates selected under OC category are entitled to opt for admission in OC as well as BC seats in Government Medical Colleges of their choice. 11. Clause 30 of the prospectus enables the candidates to exercise their option for the college of their own choice at the time of counselling and allotment will be subject to the availability of seats. 11. Clause 30 of the prospectus enables the candidates to exercise their option for the college of their own choice at the time of counselling and allotment will be subject to the availability of seats. Clause 31(a) contemplates re-allotment of colleges to such of those candidates who have already joined course within the stipulated time. The BC candidates who got selection under OC category cannot be penalised for having been selected under OC category in case no OC vacancy is available in reputed colleges/college of their choice. They can opt for colleges where BC vacancies are available and the same would be only for choosing the college and not for selection/admission. 12. Similar issue was considered by the Supreme Court in the decision reported in 2010 AIR SCW 3722 (Public Service Commission, Uttaranchal v. Mamta Bisht), wherein it is held that if candidates belonging to reserved category compete in unreserved category, they will not be counted in the quota reserved for reserved category. However, while fixing their seniority, they can be fixed in the roaster belonging to the reserved category and if they are not fixed in such manner, merely because a BC candidate is selected in OC category or SC candidate is selected in OC category, they cannot be penalised in the overall seniority. If such an option is not given to the meritorious candidates, selected under OC category, they will be in disadvantageous position compared to the candidates selected under reserved category and the same would be arbitrary and irrational. 13. Applying the principle stated in the above referred decision of the Supreme Court to the facts of this case, I hold that there is no illegality in accommodating the BC candidates in OC vacancies only for selection of colleges and not for admission. In this case, as long as the petitioner has not reached her turn for selection under BC category, no prejudice is caused to the petitioner. Further, no candidate with lesser marks than the petitioner in BC category is selected or admitted in any Government Medical College. There is no merit in the writ petition and the same is dismissed. No costs. Connected M.P.No.1 of 2012 is also dismissed.