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1994 Supreme(Mad) 1099

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE SRINIVASAN, THE HONOURABLE MR. JUSTICE JANARTHANAM & THE HONOURABLE MR. JUSTICE RAJU
S.R. Bhupeshkar and Etc - Appellant
Versus
Secretary, Selection Committee, Sabarmathi Hostel, Kilpauk, Midical College Hostel Campus, Madras and Others - Respondents
Writ Petns. Nos. 12517, 12791, 12768, 12789, 12949, 12978, 12517, 13679, 15005, 12779, 13788, 13785, 12959, 13545, 13748, 14248 and 22558 Etc. Etc. of 1994
Decided On : 23 December 1994

Appearing Advocates:S.V. Ramamurthy, A.S. Poobalasubramanian, R. Karuppan, V. Nicholas, V.N. Mohanraj, S. Silambanan, M/s. Nalini Chidambaram, V. Saichandravadhan, C. Prakasan, K.M. Vijayan, V. Ramajagadeesan, N. Ganapathy, G. Anbumani, V. Illanchezhiyan, M/s. C. M. Krishnakumar, S.P. Sankaran, K. Venkatasubbaraju, P. Gunaraj, T. Arulraj, Advocates.

Judgement Key Points

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Judgment :-

SRINIVASAN, J.

This batch of "seasonal writ petitions" if we may say so, challenges the selection of students for the professional courses in the year 1994-95. Thanks to the spasmodic brain waves of the persons in charge of education in the State, higher education has become a fertile breeding ground for litigation. Aspirants for higher studies with dreams of a bright prosperous future are made to undertake a pilgrimage to the temple of justice with prayers to fulfil their desires. It was only four years ago, the State Government attempted to introduce a system of awarding five bonus marks to applicants for professional courses if they happened to be the first in their families to apply for such admission and there was no single graduate among the members of their families on the day of the application. This Court had no (to) strike down the G.O. as unconstitutional. This year, the Government decided to shower their blessings on sportsmen at all levels by generously awarding grace marks to be added to the marks obtained in the qualifying examinations and issued G.O.Ms. 118 dated 21-2-1994. That is the prime cause of action for these writ petitions. Fifteen of them relate to B.D.S. course and twenty one relate to Engineering course. All the other petitions pertain to M.B.B.S. course.

2. These petitions were heard at length by a Division Bench comprising one of us (Raju, J.), and Lakshmanan, J. By order dated 15-11-1994 they referred the matters to a Full Bench on the following reasoning:-

"(4) After careful consideration of all these we are of the view that these writ petitions deserve as also are required to be considered by a larger Bench than a Division Bench. Some of the issues particularly one relating to the reservation in excess of 50% the validity of T. N. Act 45/94 and the applicability of reservation policy to Payment Seats, involve substantial questions of law relating to the interpretation of the provisions of the Constitution and are of great general and public importance. Further, we find that some of the issues though have been raised and answered on more than one occasion by various Benches (single, as well as Division Benches) relentlessly the same points are raised once over again every year in respect of some selection or the other for admission to professional courses, under the pretext of seeking reconsideration of such earlier rulings even dehors any justification or for any substantial reasons, taking advantage merely of the fact that these issues have been earlier adjudicated by single or Division Benches of this Court. To give a quietus to all these and to have an effective and final adjudication of some of these often recurring important and vital questions of law, we consider it appropriate and necessary that these writ petitions shall be placed before a larger Bench than a Divisional Bench to hear and dispose of these cases and decide such issues."*

3. By the time, the matters were posted before us, the State Government announced that in the matter of reservation, the directions issued by the Supreme Court of India for this year were complied with fully. Therefore, it is agreed by all parties that the question of reservation need not be decided in these cases. The remaining questions which are considered by us are :

(A)(i) Has any candidate been selected by implementing. G. O. Ms. 118 dated 21-2-1994?

(ii) Is the withdrawal of the G.O. by the Government illegal and arbitrary?

(B) Has any fraud been played in the guise of retotalling the marks awarded in the qualifying examinations?

(C) Should the marks awarded in the qualifying examinations be totally ignored and fresh selection be directed on the basis of marks awarded in the entrance examination?

(D) Has there been any fraud in the valuation of answer scripts in the entrance examination?

(E) Is the method of selection contrary to clause 8.2(a) of the Prospectus issued by the Directorate of Medical Education?

(F) Is the reservation provided in cla













































































































































































































































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