( 1 ) IN continuation of the orders dated 1/8/1994 and 9/8/1994, the following further orders are made.

( 2 ) ACCORDING to the statement filed by the learned Advocate General, appearing for the State of Tamil Nadu - which is made a part of this order, marked as Appendix A - the position is the following: The total number of seats in government medical colleges is 870. Free seats in two private medical colleges together are 100 making a total of 970. In addition to the above, 161 seats are allocated to be filled up on the basis of all-India merit. Another 54 seats are earmarked to be filled up from among the members of the special categories on the basis of merit in the respective categories. In short, the total number of seats comes to 1185.

( 3 ) OUT of 970 seats, only 800 seats representing 81% were filled up on merit basis as against the open competition quota. Against the 30% reservation for Backward Classes, 291 students were admitted. Similarly, against the 20% quota of Most Backward Classes, 194 were admitted, against the 18% quota of Scheduled Castes 175 were admitted and against 1% of Scheduled Tribes quota seven candidates were admitted as against the 10 seats reserved for them.

( 4 ) IT is stated that of the 300 candidates admitted as against the open competition quota of 31%, the candidates belonging to Backward Classes, Most Backward Classes and Scheduled Castes are 213, 29 and 2 respectively. (None from the Scheduled Tribes were admitted in the O. C. category.) The students not belonging to any of the reserved categories admitted against the O. C. quota are 56. This shows and affirms the trend disclosed last year - a trend both heartening and highly significant. The candidates belonging to Backward Classes are getting 80% of the seats in merit quota on the basis of their merit. In addition, they are getting 50% of the total seats (excluding all-India merit quota)UNDER the rule of reservation. This was also the trend during the previous academic year 1993-94, as would be evident from the orders of this court relating to that year. The candidates not belonging to any of the social reservation categories who got admission in the merit quota this year are only 56 - against a total of 970 seats, i. e. , not even 6%.

( 5 ) IF the rule of 50% reservation had been followed - which would mean a proportionate decrease in the quota of Backward Classes and Most Backward Classes, the position would have been as follows: O. C. (50%) - 485, B. C. (18. 6%) - 180, Most Backward Classes (12. 4%) - 120, Scheduled Castes (18%) - 175 and Scheduled Tribes (1%) - 10. The ultimate result, as disclosed by the statement Appendix A, is that on account of the application of 69% reservation provided by the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointment or Posts in the Services Under the State) Act, 1993, 62 candidates are said to have been deprived of admission in spite of their merit. These 62 candidates would have been admitted if the rule of 50% had been followed. Of these 62 candidates, 36 belong to "other communities" and 26 belong to Backward Classes category. Our immediate concern is to provide seats for these merit students. The question is, how?

( 6 ) AS stated above, the 161 seats meant for all-India merit quota are not yet filled up. We do not know whether all the seats will be filled up by the students allotted by the appropriate authority against that quota or any seats will be left vacant and surrendered to the State government. Secondly, the 54 seats earmarked to be filled up from among the members of the special categories are deducted from the total number of seats. (These 54 seats are in lieu of 5% reservation in favour of certain special categories in Tamil Nadu.) In our opinion, this is wrong. This 5% reservation for the said special categories cannot be in addition to 69% reservation. Whereas 69% reservation is under Article 15 (4 of