SC directive to T.N. on professional courses

By J. Venkatesan

NEW DELHI, SEPT. 12. The Supreme Court has extended for the academic year 2001-2002, its 1994 order directing the Tamil Nadu Government to create additional seats in medicine, engineering and other courses to accommodate those meritorious students in `open competition' who were affected by the 69 per cent reservation policy.

As per the 1994 order, the number of seats so created would be equal to the number of seats which the general 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 Bench, comprising Mr. Justice S.P. Barucha and Mr. Justice Y.K. Sabharwal, gave this recent direction on an application from Voice (Consumer Care) Council, seeking necessary relief in this regard for the academic year 2001-2002 as granted in earlier years. The Bench passed the interim order without prejudice to the rights and contentions of the parties.

This is for the eighth 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 in the ninth Schedule of the Constitution are pending before the Constitution Bench of the apex court. In its application, Voice submitted that unless the court passed an order for this academic year also, the authorities would not create additional seats for 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 direction to the authorities concerned to create additional seats for open category candidates for 2001-2002 in the educational institutions in Tamil Nadu. The existing 69 per cent reservation in Tamil Nadu will not be affected by this order of the apex court 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 competition' (merit) and create extra seats to accommodate those candidates (falling between 50 and 69 per cent) who would have secured admission if the 50 per cent ruling for reservation had been followed.

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Section  : National
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