Southern States - Tamil Nadu

Create more seats in medicine, engineering, SC tells T.N.

By J. Venkatesan

NEW DELHI April 30. The Supreme Court has extended for the academic year 2002-2003, its 1994 order directing the Tamil Nadu Government to create additional seats in medicine, engineering and other courses to accommodate those meritorious students in the "open category", affected by the 69 per cent reservation policy.

(As per the 1994 order, the number of seats so created will be equal to the number of seats which the "open category" candidates would have got if the rule of 50 per cent total reservation had been applied, instead of the 69 per cent reservation being adopted in the State).

A three-Judge Bench comprising Justice B.N. Kirpal, Justice Arijit Pasayat and Justice H.K. Sema gave this direction on Monday on an application from K.M. Vijayan, Trustee, Voice (Consumer Care) Council, seeking necessary relief for the academic year 2002-2003 as granted in earlier years.

The Bench passed the interim order without prejudice to the rights and contentions of the parties.

Voice submitted that unless the court passed an interim order for this academic year also, the authorities would not create additional seats for the "open category" students thereby causing great injustice to them.

No prejudice would be caused to the authorities if the order passed in the previous academic years was continued for this year also in the matter of admission to educational institutions, the petitioner said and prayed for a similar direction to the authorities to create additional seats for the"open category" candidates for 2002-2003 in the educational institutions Tamil Nadu.

This is for the ninth year in succession from the academic year 1994-95 that the Supreme Court has passed such an interim order as the petitions challenging the Tamil Nadu Reservation Act, ensuring 69 per cent reservation and its subsequent inclusion the ninth Schedule of the Constitution had been referred to a seven-Judge Bench of the Supreme Court.

The existing 69 per cent reservation in Tamil Nadu will not be affected by this order as the additional seats will be in excess of the 69 per cent reservation being implemented by the State Government every year.

In the light of the present order, the Tamil Nadu Government has to first make admissions in medicine, engineering and other courses on the basis of the 69 per cent quota. Thereafter, it has to prepare a list of candidates with 50 per cent reservation for `open category' and create extra seats to accommodate those `merit' candidates who would have secured admission if the 50 per cent ruling for reservation had been followed in the State.

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