Government has granted concession/reservation in admission only and not the right.

The petitioner has filed this writ petition challenging clause 8.1(f) of the prospectus issued for admission of candidates to Tamil Nadu Professional Courses Medical/Dental/Paramedical 20002001 insofar as it insists the students that they should have studied both plus 1 and 2 in Schools located in village panchayat and direct the respondents to consider the petitioner with application E.E.No.9532654 for admission in the first year M.B.B.S. course for the year 2000-2001 from the 15% of the seats reserved for rural students.

2. The petitioner studied from 6th standard to 10th standard and +2 at Government Girls Higher Secondary School,Palacode. The said school comes under rural category notified by the Government and the students studied in the said School are eligible to apply for admission under 15% of the seats reserved for candidates who have studied in Schools situated in rural areas. Due to ill-health the petitioner studied +1 course at Avvaiyar Government Girls Higher Secondary School,Dharmapuri. The said school does not fall under the rural category of schools as per the notification.

3. The petitioner applied for admission to the first year M.B.B.S. Degree course for the year 20002001 as against the 15% of seats reserved for candidates from schools situated in the rural area as notified by the Government. The application of the petitioner was rejected on the ground that the petitioner did not study her +1 course also in the school situated in rural area and therefore the petitioner was constrained to file writ petition seeking for a direction to consider the petitioners application for M.B.B.S. degree course on the ground that the petitioner is eligible to be considered with reference to her study in +1 course in Avvaiyar Government Girls Higher Secondary School,Dharmapuri when the writ petition was pending, the petitioner took out an application in W.M.P.Nos.563 and 564 of 2001 for raising additional grounds and for amendment of the prayer by challenging clause 8.1(f) of the prospectus and the said petition was ordered by this Court on 23.1.2001.

4. Mr. C.Selvaraju, learned counsel appearing for the petitioner would contend that when the Government reserved 15% of the seats to the candidates studied in Schools located in the rural areas notified by the Government, the condition imposed in the prospectus that students who have studied in such schools both in +1 and +2 are alone eligible is not in tune with the object of the reservation when the marks obtained by the candidates in +2 examination are alone is taken into consideration for admission. For the purpose of admission, the respondents ought not to have imposed such a condition in clause 8.1(f) of the prospectus issued for admission to the first year M.B.B.S. medical/dental/paramedical courses for the academic year 2000-2001. Therefore, the learned counsel admitted that the petitioner who has admittedly undergone +2 course in a school located in the rural area notified by the Government should be also considered as against the 15% of the seats reserved for such students.

5. Mr. M.Rathinam, learned Additional Government Pleader on the other hand would contend that the petitioner applied for admission as against the 15% of the seats and after having come to know that he was not selected, cannot challenge the conditions prescribed in the prospectus. The learned Additional Government Pleader would further contend that as per the educational qualification for admission to M.B.B.S. degree course, candidates should have passed higher secondary certificate (academic) examinations conducted by the Tamil Nadu Higher Secondary State Board. The 15% of the seats reserved for candidates studied in the schools located in the rural area as notified by the Government is a concession given by the Government by virtue of Art.15(4) of the Constitution of India and therefore when such concessions are made, it is open to the Government to prescribe such of these norms to ma