Regarding admission of children of Government employees posted and serving for one year.

In all these writ petitions, the Prospectus issued by the Jawaharlal Institute of Post Graduate Medical Education and Research (JIPMER), Pondicherry is being challenged with regard to Clause 3.1. Clause 3.1 of the Prospectus reads thus :-

"3.1 Number of Seats : Seventy-five seats are available for admission during 2004 to the First Year M.B.B.S. Course. These seats are distributed as under :

(a) Open General

14

(b) Open Scheduled Caste

8

(c) Open Scheduled Tribe

4

(d) Pondicherry General

15

(e) Pondicherry Scheduled Caste

5

(f) Seats to be filled on the basis of Common All India Entrance Test by CBSE

11

(g) Government of India nomination subject to fulfillment of basic requirements laid down, vide para 2.1, 2.2 and 2.3

18

Total

75"

Clause 3.5.1 reads thus :-

"3.5.1 Definition of Pondicherry Union Territory Residents : The 20 Seats reserved for Pondicherry General and Pondicherry Scheduled Castes are open to applicants who are Pondicherry Residents provided he/she is an Indian National and satisfies either of the following two criteria:

(a) Those candidates / their parents residing continuously in the Union Territory of Pondicherry for at least five years immediately preceding the date of application.

(b) Children of Central/State Government Servants, including employees of Public Sector undertaking under the Central/State Government posted and serving in the Union Territory of Pondicherry for at least a minimum period of ONE year prior to the last date for submission of application.

NOTE : Residence Certificate must be produced in the prescribed form at the time of admission." 2. In Writ Petition Nos.15652 and 17961 of 2004, the petitioners claim that when it is settled law that a person migrating from one State/Union Territory to another State/Union Territory cannot carry the benefit of reservation he has in the State or the Territory of his origin to the place where he has migrated, the definition is unconstitutional. The definition denies the Pondicherry Scheduled Caste persons who have Pondicherry as their place of origin, their right. The applicants who belong to the Scheduled Castes and who were born in Pondicherry are denied their right of reservation.

3. Writ Petition No.9158 of 2004 has been filed on the ground that when out of the seats reserved for Scheduled Castes a special concession has been made for Pondicherry Scheduled Castes, there is no justification to deny a similar concession to Pondicherry Scheduled Tribes.

4. Writ Petition No.9740 of 2004 has been filed by the petitioner in W.P. No.15652 of 2004 for quashing the Prospectus on the ground that it is unconstitutional.

5. Writ Petition No.16067 of 2004 has been filed by a student who is found her name in the students admitted under the Pondicherry Scheduled Caste category, but is denied her seat because of interim orders obtained in this Court, directing the respondent to reserve one seat.

6. W.P. Nos.9740, 15652 and 17961 of 2004 : In all these matters, the petitioners submit that the definition of Pondicherry Scheduled Castes is contrary to the law laid down in the judgments in 1990 (3) S.C.C. 130 [Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College & Others], and 1994 (5) S.C.C. 244 [Action Committee on Issue of Caste Certificate of Scheduled Castes and Scheduled Tribes in the State of Maharashtra & Another vs. Union of India & Another] and is also violative of Articles 341 and 342 of the Constitution of India. It was also submitted that the entitlement to the right to be considered for admission under the reservation quota should be based on the Presidential Order, and only a person who is resident as on that date will be entitled to the benefits of being considered as a Pondicherry Scheduled Caste.

7. Reference is also made to the Ministry of Home Affairs letter dated 22.3.1977 with regard to the issue of Scheduled Castes and Scheduled Tribes. In this, it is specified that as per Articles 341 and 342 of the Constitution, the President issues orders