The Hindu : SC directs T.N. to create more seats in engg. courses

Online edition of India's National Newspaper
Tuesday, Apr 29, 2003

Southern States

Southern States - Tamil Nadu

SC directs T.N. to create more seats in engg. courses

By J. Venkatesan

NEW DELHI April 28. The Supreme Court has extended for the academic year 2003-2004, 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 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 had the rule of 50 per cent total reservation been applied, instead of the 69 per cent reservation being adopted in the State).

A Bench comprising Justice S. Rajendra Babu and Justice G.P. Mathur gave this direction on an application from K.M. Vijayan, Trustee, Voice (Consumer Care) Council, seeking necessary relief in this regard for 2003-2004 as granted in earlier years.

The Bench passed the same interim order as was passed in previous years without prejudice to the rights and contentions of the parties.

In its application, 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 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 concerned to create additional seats for the `open category' candidates for 2003-2004 in the educational institutions in Tamil Nadu.

This is the tenth year in succession from 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, had been referred to a seven-judge apex court Bench.

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

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.

Then, 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 had the 50 per cent ruling for reservation been followed in the State.

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