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1995 Supreme(Mad) 443

K.A.SWAMI, D.RAJU
The State of Tamil Nadu Rep. by its Secretary to Government, Education Department, Madras – Appellant
Versus
N. Santhanalakshmi – Respondent


Advocates Appeared:
For the Appellants: N. Jothi, Special Government Pleader.
For the Respondent:N.R. Chandran, Senior Counsel, for V.K. Nachimuthu, Advocate.

Judgment :-

RAJU, J.

1. A subtle as well as an important and interesting question of law arises for our consideration in the above Appeal. The question is as to whether a divorced woman can be said to be a deserted woman so as to entitle her to stake a claim for a seat in the Special Categories reserved for “Deserted Women” in category (ix) of Annexure-I to the prospectus issued for the Tamil Nadu Professional Courses- Medical/Paramedical for 1994-1995.

2. (a). The State Government and the Selection Committee for the course in question who were the respondents in the writ petition are the appellants before us. The respondent herein has filed W.P. No. 13987 of 1994 (since reported in 1995-1-L.W. 330 = 1995 Writ L.R. 180) praying for a writ of mandamus, directing the respondents in the writ petition to publish the merit list of selected candidates for the seats reserved for the category of deserted women and allot one seat to her for the M.B.B.S. Course for the academic year 1994-1995. The claim of the respondent before the learned single Judge in the writ petition was that she belonged to a Backward Community, that she was married to one C.P. Easwaramoorty, that on account of his misb




















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