JUDGMENT (Prayer: Appeal filed under Clause 15 of the Letters Patent Act against the order dated 05.07.2022 in WP No.5204 of 2022.) Munishwar Nath Bhandari, CJ. 1. The writ appeal has been filed to assail the judgment dated 05.07.2022, wherein, clubbing two writ petitions (WP Nos.5204 and 3078 of 2022), the impugned order was passed. 2. WP No.5204 of 2022 was filed by the appellant-in-person to assail the Government Order in G.O.(2D).No.33, Health and Family Welfare (MCA-1) Department, dated 10.01.2022, and the prospectus for admission to MBBS and BDS degree courses in the Tamil Nadu Government Medical/Dental Colleges and other seats in different medical colleges for the year 2021-22. It is with a further prayer to conduct separate counselling exclusively for serving defense personnel as per G.O(Ms.) No.1142, Health and Family Welfare Department dated 30.06.1979 and the Division Bench order in W.A(MD). No.610 of 2019 dated 19.08.2021 after allotting MBBS seats through second counselling. 3. Since WP No.3078 of 2022 was also filed by two students to challenge the Government Order in G.O.(D).No.33, Health and Family Welfare (MCA-1) Department, dated 10.01.2022, and to apply Government order in G.O.Ms.No.1142, dated 30.06.1979, both the cases were clubbed and decided together by the learned Single Judge. 4. So far as the application of G.O.Ms.No.1142, dated 30.06.1979 is concerned, the Court came to the conclusion that it is no more effective as the benefit given to PUC and B.Sc. courses are not in operation. Therefore, for the last many years, the benefit arising out of G.O.Ms.No.1142 dated 30.06.1979 has not been extended. 5. The writ appellant-in-person however referred to the judgment of the Division Bench in WA (MD) No.610 of 2019 dated 19.08.2021 to show that the Government Order aforesaid has been endorsed and thereby, is applicable as on the date also. 6. To analyse the issue aforesaid, we have gone through the order dated 19.08.2021 in WA (MD) No.610 of 2019. The judgment aforesaid referred to the Government Order of the year 1979 and the notification issued by the Ministry of Defence, dated 21.05.2018 to give inter-se priority for reservation for wards of armed forces personnel by the State/Union Territories. 6. To analyse the issue aforesaid, we have gone through the order dated 19.08.2021 in WA (MD) No.610 of 2019. The judgment aforesaid referred to the Government Order of the year 1979 and the notification issued by the Ministry of Defence, dated 21.05.2018 to give inter-se priority for reservation for wards of armed forces personnel by the State/Union Territories. The judgment has further made a reference that in the Government Order dated 30.06.1979, serving defence personnel were also included, and a new policy was brought on 28.05.2022, wherein special reservation was confined only to physically handicapped, eminent sports persons, children of freedom fighters and children of ex-servicemen. Though six seats were earlier reserved for ex/deceased/serving defence personnel through the Government Order dated 30.06.1979, it was reduced to four seats and the remaining seats were handed over to the general pool. 7. The Division Bench further noted about the Government Order issued on 01.06.2018 by the Health and Family Welfare Department. It was for deletion of serving defence personnel as per the judgment of the Five Judges Bench of this Court in the case of M.Arthi (minor) vs. State of Tamil Nadu and two others (W.A.No.3221 of 2002). It was held that other than the reservation mentioned in Tamil Nadu Act 45 of 1994, what is permissible is only for the physically handicapped, eminent sportsmen, children of freedom fighters and children of exservicemen. 8. The Division Bench noted the judgment of the learned Single Judge holding Government Order dated 30.06.1979 to be applicable and therefore, there was no reason for departing from the reservation policy already followed. The aforesaid finding was recorded in view of the fact that both the parties before the Court found application of the Government Order as on the date, though the consideration aforesaid was going against the contents of the Government Order dated 30.06.1979. The judgment of the Division Bench does not refer to the Government Order of 30.06.1979 to find out to whom such benefit is admissible. However, the same has been noted by the learned Single Judge while passing the impugned order. 9. The Government Order dated 30.06.1979 is quoted hereunder for ready reference: Government of Tamil Nadu ABSTRACT Medical Education – Admission by 1st year integrated MBBS Course Reservation of selecting the children of ex-deceased serving Defence Personnel – Orders issued. However, the same has been noted by the learned Single Judge while passing the impugned order. 9. The Government Order dated 30.06.1979 is quoted hereunder for ready reference: Government of Tamil Nadu ABSTRACT Medical Education – Admission by 1st year integrated MBBS Course Reservation of selecting the children of ex-deceased serving Defence Personnel – Orders issued. HEALTH AND FAMILY WELFARE G.O.Ms.No.1142 Dated 30.06.1979 Read (i) From the Joint Director, Directorate of Ex-servicemen’s Welfare, Madras, Letter No.6488/78.A3 dated 09.12.1978 (ii) From the Director of Medical Education Ref.No.139841/ MEIII(2)/78 dated 01.12.1979 ORDER The Government direct that six seats in 1st year integrated MBBS Course be reserved for the children of ex-deceased/serving Defence Service Personnel at the rate of two seats for each category under PUC and B.Sc Quotas, provided they satisfy the qualifications prescribed for admission to the course from July 79 session onwards. 10. A perusal of the Government Order quoted above refers to six seats in the first year integrated MBBS course for the children of ex/deceased/serving defence service personnel at the rate of two seats for each category under PUC and B.Sc. quotas. 11. In the judgment rendered by the Division Bench and relied upon by the appellant-in-person, the issue was not examined to the extent of application of the said GO because it was provided for each category under PUC and B.Sc. quotas which courses are not in operation now and therefore, how the said Government Order would remain applicable could not be clarified by the writ appellant other than to refer to the judgment of the Division Bench in the case supra. 12. The judgment of the Division Bench would have been binding on us if the issue was analysed in reference to the Government Order holding that quota for PUC and B.Sc. is still applicable. It is for the reason that those courses are not in operation now. It is fortified by the fact that after the Government Order dated 30.06.1979, the Government issued GO (2D) No.23, Health and Family Welfare (MCA- 1) Department, on 28.05.2004, and referred by the Division Bench in the case supra. is still applicable. It is for the reason that those courses are not in operation now. It is fortified by the fact that after the Government Order dated 30.06.1979, the Government issued GO (2D) No.23, Health and Family Welfare (MCA- 1) Department, on 28.05.2004, and referred by the Division Bench in the case supra. After the introduction of the above Government Order, the benefit arising out of Government Order dated 30.06.1979 was not extended, as would be evident from the information given by the Appellate Authority Officer, Deputy Director of Medical Education, Kilpauk, to the appellant-in-person under the Right to Information Act, vide letter dated 24.05.2022. It is seen that from the academic year 1984-85 to 2003-04, two seats were reserved for each category, which includes serving defence personnel. However, the information does not show any such benefit thereafter, rather information aforesaid was not even sought. The appellant did not ask about the reservation policy for the defence personnel subsequent to the year 2004, knowing well that a new Government Order has been brought by the respondent, i.e. on 28.05.2004. In view of the above, we do not find any error in the judgment of the learned Single Judge to hold that the Government Order dated 30.06.1979 is not in operation and cannot be so, in the absence of the courses referred to above. 13. Further limb of argument would be as to whether benefit of preference to the wards of serving service personnel has been given. Priority VIII has been provided to wards of serving personnel and accordingly, admission was given. Therefore, benefits have been extended as per the Government Order in operation and cannot be in reference to the Government Order of 1979 which is not in operation for the last many years. The learned Single Judge further found that the Government Order dated 10.01.2022 is not offending any constitutional provisions and it cannot be nullified with reference to Government Order dated 30.06.1979, which is not in operation now. It is also in reference to the preference given to the wards of ex-service personnel and the personnel in service, and priority/eligibility list was published on the official website. It is also in reference to the preference given to the wards of ex-service personnel and the personnel in service, and priority/eligibility list was published on the official website. Under the special category for the children of ex-servicemen quota, ten MBBS seats and one BDS in Government Medical and Dental College were allotted and as per the procedure, top 18 candidates in the ex-servicemen merit list were called for counselling held on 27.01.2022. Out of 18, ten candidates were allotted MBBS seats and one candidate for BDS. The wards of the serving defence personnel came under the category of priority VIII and accordingly, the admission was given. 14. The appellant-in-person does not have locus to challenge the Government Order dated 10.01.2022 as it is not a public interest litigation and the ward of the appellant-in-person on whose behalf the writ petition was filed, is major, as admitted by him. Therefore, even on locus, the writ petition could have been dismissed by the learned Single Judge and otherwise, we are satisfied with the reasons given by the learned Single Judge for not causing interference in the Government Order dated 10.01.2022. The Government Order dated 10.01.2022 is quoted hereunder for ready reference: ABSTRACT Medical Education – Enhancement of seats reserved under Exservicemen quota in admission to MBBS and BDS Courses – sanctioned – Amendment – Orders – Issued. Health and Family Welfare (MCA-A) Department G.O.(D) No.33 Dated 10.01.2022 Read 1. G.O.(D) No.997, Health and Family Welfare (MCA-1) Department, dated 01.06.2018 2. G.0.(D) No.882, Health and Family Welfare (MCA-1) Department, dated 28.05.2019. 3. Orders of the Hon’ble Madurai Bench of Madras High Court, dated 08.05.2019 in W.P.(MD) No.17414 of 2018. 4. Orders of the Hon’ble Madurai Bench of Madras High Court, dated 19.08.2021 in W.A.(MD) No. 610 of 2019 5. From the Additional Director of Medical Education / Secretary Selection Committee, Chennai, letter Ref No. 3771 / SCS I (1) / 2021, dated 21.12.2021. 4. Orders of the Hon’ble Madurai Bench of Madras High Court, dated 19.08.2021 in W.A.(MD) No. 610 of 2019 5. From the Additional Director of Medical Education / Secretary Selection Committee, Chennai, letter Ref No. 3771 / SCS I (1) / 2021, dated 21.12.2021. ORDER: In Government order first read above, orders have been issued to enhance the number of seat reserved under Ex-Servicemen quota from 6 to 11 seats (i.e. 10 seats for MBBS and 1 seat for BDS) in Government Medical and Dental Colleges from the academic year 2018-2019 with the following Inter-se priorities as per the priorities list published by the Government of India, Ministry of Defence, New Delhi:- Priority - I Widows / Wards of Defence personnel killed in action Priority – II Wards of disabled in action and boarded out from service. Priority-III Widows/wards of defence personnel who died while in service with death attributable to military service. Priority-IV Wards of disabled in service and boarded out with disability attributable to military service. Priority – V Wards of Ex-Servicemen who are in receipt of Gallantry Awards. 1. Param Vir Chakra 2. Ashok Chakra 3. Sarvottam Yudh Seva Medal 4. Maha Vir Chakra 5. Kirti Chakra 6. Uttam Yudh Seva Medal 7. Vir Chakra 8. Shaurya Chakra 9. Yudh Seva Medal 10. Sena, Nau Sena, Vayu Sena Medal 11. Mention-in-Despatches Priority – VI Wards of Ex-servicemen 2. In Government Order second read above, the name of the items of medals have been revised under priority V in paragraph 6 of the Government Order first read above: 1. Param Vir Chakra 2. Ashok Chakra 3. Maha Vir Chakra 4. Kirti Chakra 5. Vir Chakra 6. Shaurya Chakra 7. Sena, Nau Sena, Vayu Sena Medal 8. Mention-in-Despatches 3. The Madurai Bench of Madras High Court in its order third read above, has ordered as follows: “.... 25. I hold that the impugned G.O. suffers from the vice of arbitrariness and is irrational and violates Article 14 of the Constitution of India to the extent it omits the wards of serving personnel. It is plainly unreasonable. G.O.(D)No.977, Health and Family Welfare (MCA-1) Department dated 01.06.2018 is quashed to the extent it omits the wards of serving personnel. 25. I hold that the impugned G.O. suffers from the vice of arbitrariness and is irrational and violates Article 14 of the Constitution of India to the extent it omits the wards of serving personnel. It is plainly unreasonable. G.O.(D)No.977, Health and Family Welfare (MCA-1) Department dated 01.06.2018 is quashed to the extent it omits the wards of serving personnel. Therefore, this Court directs the respondents 2 to 4 to include the wards of serving personnel under the reservation category in the prospectus of MBBS/BDS for ensuing years from the current academic year. The writ petition is allowed. No costs.” 4. The Madurai Bench of Madras High Court in its order third read above, has ordered as follows: “15. The learned Single Judge also relied upon the Division Bench Judgment of the Delhi High Court made in the case of Master Harshil Anand v. Union of India reported in (2016) 160 DRJ 268 to hold that the University cannot reclassify or alter the category of reservation which has been recommended by the Ministry of Defence, having accepted to implement it. Therefore, the Government of Tamil Nadu cannot restrict any category of persons who are eligible for reservation as per the Communication dated 30.11.2017. Xxx 17. In Andhra Pradesh, 1% of total medical seats available is allotted to Children of Armed Forces personnel. In Karnataka, 10% of seats under the defence quota is earmarked for serving defence personnel. In Kerala, 2 MBBS and 1 BDS seats are earmarked for serving defence personnel. In Telangana, 1% of the seats is earmarked for defence quota which would come around 49 MBBS seats 18. Taking into consideration, the allocation of more number of seats by the other States, this Court expects that atleast 1% of the total seats would be made available to the wards of defence personnel in recognition of their services to the nation, from the next academic year onwards in medical admission including BDS admission. A perusal of the prospectus issued by the State of Punjab would reveal that even the wards of serving defence personnel have been included in the special reservation under the defence quota. 19. As stated above, the policy expressed by the State in G.O.Ms.No.1142, Health and Family Welfare Department, dated 30.06.1979 is capable of doing justice to all sections of defence personnel namely, ex/deceased/serving. 20. 19. As stated above, the policy expressed by the State in G.O.Ms.No.1142, Health and Family Welfare Department, dated 30.06.1979 is capable of doing justice to all sections of defence personnel namely, ex/deceased/serving. 20. In view of the abovestated position, this Court agrees with the reasoning given by the learned Single Judge. Therefore, this Court finds no illegality or infirmity in the order passed by the learned Single Judge and hence, the Writ Appeal stands disposed of with a direction to the Central Government to revisit the priority list giving equal importance to all persons by distributing the available seats uniformly, so that all sections would be benefitted. The said exercise has to be carried out within a period of 12 weeks from the date of receipt of a copy of this order. 21. As far as the case of the petitioners in W.P.Nos.14119 and 14128 of 2020 are concerned, the respondents are directed to consider the case of the petitioners in the light of the observations made above in the WRIT APPEAL. Thus, the Writ Petitions are disposed of in the above terms. Connected miscellaneous petitions are closed. No costs. 5. The Additional Director of Medical Education / Secretary Selection Committee in the letter fifth read above, has stated that during the admission to MBBS / BDS courses for the academic year 2020 -2021, totally 24050 number of applications have been received from candidates. Among the above applications, only 488 Candidates have applied under Ex-Servicemen quota which is approximately 2% only. Further, it is not feasible to allot the seats under Ex-Servicemen quota in Private Colleges, since the status of Colleges may vary from Non-Minority to Minority. Therefore, she has requested the Government to increase of number of seats reserved to the wards of defence personnel in recognition of their services to the nation and also to amendment the Government order first read above by including the priorities from VII to IX 6. The Government examined the proposal of Additional Director of Medical Education / Secretary Selection Committee, in the light of the orders of the Hon’ble Madurai Bench of Madras High Court third and fourth read above. The Government examined the proposal of Additional Director of Medical Education / Secretary Selection Committee, in the light of the orders of the Hon’ble Madurai Bench of Madras High Court third and fourth read above. Accordingly, the Government hereby issue the following amendment to the G.O (D) No.977, Health and Family Welfare (MCA-1) Department, dated 01.06.2018: AMENDMENT The following priority shall be added as Priority - VII, VIII and IX under the paragraph 6 of G.O (D) No.977, Health and Family Welfare (MCA-1) Department dated 01.06.2018.:- Priority-VII Wives of: i) defence personnel disabled in action and boarded out from service. ii) defence personnel disabled in service and boarded out with disability attributable to military service. iii) Ex-servicemen and serving personnel who are in receipt of Gallantry Awards. Priority-VIII Wards of Serving Personnel Priority-IX Wives of Serving Personnel 7. The Additional Director of Medical Education / Secretary, Selection Committee is directed to take necessary action, accordingly. (BY ORDER OF THE GOVERNOR ) J. RADHAKRISHNAN PRINCIPAL SECRETARY TO GOVERNMENT 15. Taking into consideration the details given above, and the reasons supplied by us, we do not find any ground to cause interference in the Government Order dated 10.01.2022, as otherwise, it remains in the domain of the executive, and interference can be made only when it is offending the Constitution or the Statute, which is not made out by the appellant. 16. For the reasons aforesaid, the writ appeal fails, and the same is dismissed. There will be no order as to costs.