1. W.P.No.16341 of 2017 is filed challenging Clause IV(19) of the Prospectus of MBBS/BDS admission 2017-18, reserving 85% of seats for the students of Tamil Nadu State Board, leaving the rest 15% to the students of CBSE and other Boards. All other writ petitions are filed challenging G.O.Ms.No.233 dated 22.06.2017 issued by the Health and Family Welfare (MCA-1) Department, Government of Tamil Nadu, making such reservation.

2. The petitioners are students who passed the Higher Secondary Examination through Central Board of Secondary Education. These students are aspiring to get admission to the M.B.B.S./B.D.S. Course in 2017-2018 Session. All these petitioners are stated to have been qualified in the National Eligibility cum Entrance Test (NEET).

3. Through the impugned G.O., the State of Tamil Nadu directed the Additional Director of Medical Education/Secretary, Selection Committee to allocate 85% of the seats to the students who have studied in Tamil Nadu State Board and 15% of the seats to the students who have studied in CBSE and other Boards for admission to MBBS/BDS courses for 2017-2018 session after surrendering 15% of the seats to All India Quota, in Government Medical Colleges and Government Quota seats in Self Financing Private Medical Colleges including the seats to be surrendered to Government by Rajah Muthiah Medical and Dental College, Annamalai University, Chidambaram.

4. Before going into the merits of the matter it is to be stated that one of the writ petitioners herein namely Mrs. Kaaviyaa Nakkiran (Minor represented by her father Mr. R. Nakkiran and others filed a Writ Petition(C)No.491 of 2017 before the Honourable Supreme Court of India challenging the very same Government Order. It is seen that the Honourable Supreme court, by order dated 07.07.2017 disposed of the said Writ Petition by passing the following order:

“Learned counsel for the parties are agreed, that the same controversy, as has been raised in the instant petition, is pending consideration before the Madras High Court wherein pleadings are complete.

2. In view of the above, we decline to interfere on the cause raised by the petitioners. We, however, grant liberty to the petitioners either to file a fresh petition before the Madras High Court, or alternatively to intervene in the petition pending before the Madras High Court.

3. With the above observation, the instant petition is disposed of.

4. Keeping in view of the urgency of the matter, we request the High Court to expedite the disposal of the matter pending before it.

Thus, from the above order passed by the Honourable Supreme court it is evident that there is no impediment for this Court to entertain and consider these writ petitions on merits. Learned Advocate General appearing for the respondents also conceded to such position.

5. The petitioners raised the following questions for consideration.

a. Whether the State of Tamil Nadu, by way of an executive order, can override the legislation occupying the field and orders passed by the Apex Court to that effect.

b. Whether the impugned G.O. violates Article 14 of the Constitution of India, thereby making discrimination between the students of State Board and Central Board, especially, when the qualifying examination to the admission to M.B.B.S./B.D.S. Course viz., NEET is common to all.

6. Thus, the crux of the grievance of these petitioners is that the State Government cannot make the impugned reservation thereby allotting only 15% of the total seats to the C.B.S.E. and other Board students, even though they are qualified in the NEET and entitled to compete equally with others. In other words, it is the contention of the petitioners that when the qualifying examination for admission to the M.B.B.S./B.D.S. Course is only NEET and not the marks obtained in the respective Board Examinations, the State cannot make distinction between the students of State Board and Central Board, since both of them are equally placed insofar as the qualifying