BC candidates selected under OC category are entitled to opt for admission in OC as well as BC seats in Government Medical Colleges of their choice, only for choosing the college and not for selection/admission.

Petitioner, who is an applicant for admission in the first year MBBS course, 2012-2013, has filed this writ petition on the ground that she ought to have been admitted in anyone of the Government Medical Colleges in Tamil Nadu and the admission given to her in a Self-Financing Private Medical College is not proper and prayed for admitting her in anyone of the Government Colleges.

2. The brief facts necessary for disposal of this writ petition are that the petitioner appeared for Higher Secondary examinations in March, 2012 and obtained 1167 marks out of 1200. Petitioner belongs to BC community. For MBBS selection, petitioner secured 197.25 marks out of 200. Petitioner's rank in the open category is 1441 and in BC category is 927. According to the petitioner, as per the prospectus issued by the second respondent, total number of MBBS seats available in the State of Tamil Nadu is 2145, out of which 31% of seats are reserved for OC; 30% for BC; 20% for MBC; 18% for SC; and 1% seat are reserved for ST; and that in OC seats, all community candidates are entitled to get selection based on the marks/merit. The seats available for open competition candidates is 565; BC candidates 483; BC (Muslim) 64; MBC 365; SC 276; SC(A) 52; and for ST candidates 18. Petitioner states that the candidates belonging to BC community, selected in OC category were counted in BC vacancies and therefore the petitioner's claim under BC category is not considered for selection in Government Medical Colleges and she was selected only in Self-financing Medical College viz., Chennai Medical College (SRM), Trichy. According to the petitioner, due to the wrong selection procedure followed by the second respondent, 91 MBC candidates were admitted in excess, apart from 21 excess seats given to SC candidates and 12 seats to BC(M), and 122 seats meant for BC students were not granted admission. If the BC candidates selected under OC category were not counted under the BC community reserved category, petitioner will be entitled to get seat in anyone of the Government Medical College as she has secured 197.25 marks.

3. The respondents have filed counter affidavit contending that 1823 seats are available in the Government Medical Colleges and by applying 31% reservation for OC candidates, 565 students were selected purely on merit basis and candidates belonging to BC community numbering 358 were selected under open category solely on the basis of merit. The cut-off marks for open category candidates was 198.50 out of 200. Thereafter 483 BC (General) community candidates were selected and the cut-off marks for selected candidates in the Government Medical Colleges for BC (General) is 198.50. Similarly 64 candidates were selected from among the BC(M), 365 from MBC, 276 from SC, 52 from SC(A) and 18 from ST. The petitioner was assigned Rank No.1441 in OC category and 927 in BC (General) category. BC candidates selected based on merit, under OC category are 358. 483 BC candidates were selected under BC category and total BC candidates selected for admission to MBBS course in Government Medical Colleges are 841. Petitioner's rank in BC (General) being 927, petitioner has no scope to get admission in BC category in any Government Medical College and she was selected and admitted in a Self-financing College at Trichy, and there is no illegality in the said selection. It is further stated that the present procedure is being followed all through and the BC or any other community candidates selected under the open competition category were permitted to select colleges of their choice based on the availability of seats either under OC or BC and the same is questioned by the petitioner, misconstruing the fact about the strict following of the vertical reservation (Community wise reservation). The contention of the petitioner that in Tuticorin Government Medical College no OC candidate is selected is answered by stating that all the BC candidates selected under OC categ