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2019 Supreme(Mad) 2520
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
A. Nithish Babu (Minor), Rep. by his father & natural guardian, B. Ayyalraj, Thirunelveli & Others - Petitioners
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health & Family Welfare Department, Chennai & Others - Respondents
Writ Petition Nos. 26166, 26584, 26720, 26962 of 2019 & W.M.P. Nos. 25529, 25959, 26106, 26354 of 2019
Decided On : 24-09-2019
For the Petitioners:D. Subbaraj, R. Sreedhar, M. Arun Kumar, Advocates
For the Respondents:N. Inbanathan, Additional Government Pleader, J. Purushothaman, Government Advocate, V. Kathirvel, Special Government Pleader, Abdul Saleem, Standing Counsel, G. Masilamani, Senior Counsel, M. Vishnu Venkatesh, T. Meikandan, Advocates
The main legal point established in the judgment is that reserving seats for minorities is the prerogative of the respective minority institutes, and the state cannot compel them to give seats.
Headnote:
Linguistic Minority - Admission to M.B.B.S course - DAR-US-SLAM Educational Trust case, P.A Inamdar case - [DAR-US-SLAM Educational Trust case, P.A Inamdar case]
Fact of the Case:
The petitioners, belonging to Telugu Linguistic Minority groups, sought admission to M.B.B.S course under the minority quota in a specific college. The college, although run by a Linguistic Minority management, did not seek a specific quota for minorities and did not retain any seat for minority candidates during the counselling.
Finding of the Court:
The court found that the college did not reserve any seat for minority candidates and had shared all its seats with the government. The court dismissed the writ petitions as the petitioners had no right to compel the institute or the state to fill the seats in a manner contrary to the regulation and direction of the Hon'ble Supreme Court.
Issues: The main issue was whether the college was obligated to reserve seats for minority candidates and whether the petitioners had the right to compel the institute or the state to fill the seats in a particular manner.
Ratio Decidendi: The court relied on the DAR-US-SLAM Educational Trust case and P.A Inamdar case to establish that reserving seats for minorities is the prerogative of the respective minority institutes, and the state cannot compel them to give seats. The court emphasized that the petitioners had no right to compel the institute or the state to fill the seats in a manner contrary to the regulation and direction of the Hon'ble Supreme Court.
Final Decision: The writ petitions were dismissed as devoid of merits, and no costs were imposed. Consequently, connected Miscellaneous Petitions were closed.
JUDGMENT :
(Prayer in W.P.Nos.26166 & 26720 of 2019:Writ Petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Declaration, declaring the entire selection process adopted by the respondents to fill up the seats under the category called as “Candidates who are Native of Tamil Nadu having Malayalam/Telugu as Mother Tongue for admission to M.B.B.S course 2019-2020 session under Management Quota in the Minority Status College” particularly in the 4th respondent college as null and void, illegal and consequently direct the respondents to redo the exercise of filling up the seats under the category called as “Candidates who are native of Tamil Nadu Having Malayam/Telugu as Mother Tongue for admission to M.B.B.S course 2019-2020 session under Management Quota in Minority Status College, within the time frame.
Prayer in W.P.Nos.26584 & 26962 of 2019: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Declaration, declaring the M.B.B.S counselling held on 27.08.2019 for the academic year 201-2020 as unconstitutional in so far it relates to filling up of the seats meant for the candidates those who are claiming linguistic minority seats in self financing Medical College under Management quota and further direct the 3rd respondent to redo the counselling for Linguistic Minority students so as to enable me to join in M.B.B.S course in the fourth respondent college and pass orders.)
1. Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents.
2. The common grievance of these petitioners is that, they all belongs to Telugu Linguistic Minority groups. Sri Muthukumaran Medical College & Research Institute is run by Telugu Management. The petitioners aspired to get seat in the counselling held on 27.08.2019 to fill seats in the Sri Muthukumaran Medical College & Research Institute, Chennai. Though they are all eligible to get seat under the minority quota, they were not considered during the counselling. The Selection Committee/3rd respondent, instead of allotting seats to the candidates hailing from Linguistic minority, had filled the seats in the Sri Muthukumaran Medical College & Hospital Research Institute, with general candidates, which is contrary to the dictum of Hon'ble Supreme Court laid in DAR-US-SLAM Educational Trust case, hence the counselling held on 27.08.2019 has to be declared as unconstitutional and seats should be allotted only to the Linguistic Minority through fresh counselling.
3. The Additional Director of Medical Education/Secretary to the Selection committee has filed counter affidavit, stating the circumstances under which counselling for the said Sri Muthukumaran Medical Research Institute was conducted. In the counter, it is specifically pleaded that though the institute is run by Linguistic Minority management, they did not seek any specific quota for minorities. Nor the Writ Petitioners were called for counselling on 27.08.2019.
4. In view of the order dated 19.08.2019 passed by this Court in W.P.No.23726 of 2019, affiliation was given to the 4th respondent College provisionally. The Management vide letter dated 26.08.2019 requested the Selection Committee/3rd respondent, to conduct counselling for the sanctioned strength of 150 seats. Proposed the sharing of the seats shall be 75, 53 & 22 (Government Quota, Management Quota and NRI quota). By the time, the Institute got order from the High Court on 19.08.2019 in the writ petition W.P.No.23726 of 2019, two rounds of counselling was already completed, so, 22 seats under NRI Quota were converted into Management Quota. The College never requested quota for minority. As per the request of the Management, the counselling was conducted and seats allotted to the candidates as per merits and same also intimated to the Medical Council of India.
5. On 27.08.2019,
