Madras High Court
B. SUBHASHAN REDDY,K.P.SIVASUBRAMANIAM,K. RAVIRAJA PANDIAN
Minor S.Muthu Senthil, Appellant/Petitioner v.State of T.N.and others, Respondents.And L.Chandrakumar - Appellant
Versus
Govt.of T.N. - Respondent
Decided On : 02/05/2002
Constitutionality - Rural Reservation - Tamil Nadu - Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation Of Seat In Educational Institutions And Of Appointments Of Posts In The Services Under The State) Act, 1993 - Article 15(4) - Article 16(4) - G.O. No. 603 (Education), dated 30-8-1996 - G.O. Mis. No. 261 - G.O. (Rt) No. 600, Health and Family Welfare Department, dated 5-12-1997 - G.O. Ms. No. 171, Health and Family Welfare Department, dated 6-6-2001 - G.O. Ms. No. 35, Law Department, dated 12-7-2001 - Navarasam Matriculation Higher Secondary School - Parents Teachers Association v. State of Tamil Nadu, (1998) 2 CTC 129 - A. Naufal Rizwan v. State of Tamil Nadu, (1999) 3 CTC 253 - Radhey Shyam Singh v. Union of India, (1997) 1 SCC 60 : (AIR 1997 SCC 1610) - P. Rajendra v. State of Madras, AIR 1968 SC 1012 - Periya Karuppan v. State of Tamil Nadu, AIR 1971 SC 2303 - State of U. P. v. Pradip Tandon, AIR 1975 SC 563 - Jagdish Saran v. Union of India, AIR 1980 SC 820 - Nishi Maghu v. State of J. and K., (1980) 4 SCC 95 : (AIR 1980 SC 1975) - Arti Sapru v. State of J. and K., AIR 1981 SC 1009 - Dinesh Kumar v. Motilal Nehru, Allahabad, AIR 1985 SC 1059 - Greater Bombay Municipal Corporation v. Thukral Anjali, AIR 1989 SC 1194 - Ahmedabad Municipal Corporation v. Nilaybhai Thakur, AIR 2000 SC 114 - Parents Association v. Union of India, AIR 2000 SC 845
Fact of the Case:
The case involves the constitutionality of rural reservation for admission to professional courses in Tamil Nadu, based on G.O. No. 603 (Education), dated 30-8-1996, and subsequent government orders extending the reservation to medical and law courses. The petitioners challenged the reservation, arguing that it violated Article 15(4) and Article 14 of the Indian Constitution.
Finding of the Court:
The court considered the historical context of reservation in India and the relevant judicial precedents, including the Indra Sawhney v. Union of India case. The court analyzed the arguments of both parties regarding the validity of the rural reservation and the increase from 15% to 25%. The court also referred to previous judgments related to admissions to professional courses and the constitutionality of various reservation policies.
Issues: The issues included the constitutionality of rural reservation, the classification of students studying in panchayat schools in rural areas, the justification for increasing the reservation from 15% to 25%, and the impact on candidates who applied based on the initial reservation percentage.
Ratio Decidendi: The court held that the reservation for rural students from reserved categories should be considered under Article 15(4) and Article 16(4) of the Constitution. The court also considered the principles of reasonable classification and nexus with the object to be achieved in reservation policies.
Final Decision: The court upheld the validity of the rural reservation for admission to professional courses in Tamil Nadu, including the increase from 15% to 25%, based on the social, educational, and economic backwardness of students in rural areas. The court also rejected the challenge to the reservation based on prospectivity and upheld the government's action.
B. SUBHASHAN REDDY, C. J.:- At issue is the cosntitutionality of the Government action in providing rural reservation for admission to professional courses conducted by the Government and self-financing colleges in the State of Tamil Nadu.
2. Excepting W.P. No. 16595 of 2001 and W.A. No. 2624 of 2001 arising therefrom, which relate to admission to law course, all other writ petitions relate to medical admission. The genesis for this litigation is G.O. No. 603 (Education), dated 30-8-1996, by which a high level committee was appointed to review the standard of education, basic facilities etc. The high level committee had recommended to the Government to reserve 15% of the seats for the students studying in panchayat schools in rural areas. The premise on which such recommendation was made is said to be the disparity in opportunity in securing admissions to professional courses between the students studying in the schools located in rural areas as compared to that of urban areas. According to the high level committee, the students of rural areas were at disadvantaged position than their counter-parts in urban areas. Firstly, such facility of special reservation was made available to engineering students in G.O. Mis. No. 261. By G.O. (Rt) No. 600, Health and Family Welfare Department, dated 5-12-1997, the same was extended even for medical students. Later, it was extended to law course also. The above special reservation of 15% to rural students was increased to 25% by G.O. Ms. No. 171, Health and Family Welfare Department, dated 6-6-2001 for M.B.B.S. and B.D.S. courses and so far as the law course is concerned, it was by G.O. Ms. No. 35, Law Department, dated 12-7-2001. In some matters, only the escalation of special reservation from 15% to 25% is challenged while in other cases, the scheme of special reservation itself is under challenge.
3. When the matters came up for hearing, it was submitted on behalf of the Government that the lis is no more res integra in view of the Division Bench judgment of this Court in Navarasam Matriculation Higher Secondary School - Parents Teachers Association v. State of Tamil Nadu, (1998) 2 CTC 129. It was also brought to our notice that the said judgment of the Division Bench was followed by a learned single Judge of this Court in A. Naufal Rizwan v. State of Tamil Nadu, (1999) 3 CTC 253. On behalf of the petitioners, the judgment in Radhey Shyam Singh v. Union of India, (1997) 1 SCC 60 : (AIR 1997 SCC 1610) was cited. The Division Bench having considered the contentions advanced on either side, was of the considered view that the matter should be referred to the Full Bench and order of reference to that effect was passed on 30-11-2001 and that is how the Full Bench heard the matters.
4. On behalf of the petitioners, the arguments were led by learned counsel M/s. Karuppan, C. Selvaraj, Paul Vasanthakumar and Ms. Radha Gopalan. Other learned counsel adopted their arguments. On behalf of the Government, Mr. R. Muthukumara-samy, learned Additional Advocate General, has countered the petitioners' arguments.
5. The question of providing reservation - be it in educational institution or public employment - had been the subject-matter of controversy since inception. Whether reservation for Scheduled Castes and Scheduled Tribes should be provided castewise and even if the said categories could be provided reservation castewise, can that castewise consideration be extended to backward class, was the subject-matter of debate and adjudication in several landmark judgments rendered by the Supreme Court. Elucidation of the said judicial precedents is not necessary for this adjudication. But all such aspects relating to reservation and particularly, relating to reservation to backward, classes were considered by a nine-Judge Bench of the Supreme Court in Indra Sawhney v. Union of India, AIR 1993 SC 477. The aspects of reservation under Article 15(4) as also Article 16(4) of the Constitution were conside
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