The main legal point established in the judgment is the need for equitable and inclusive policies to prevent the unjust exclusion of meritorious students from availing reservation benefits, especially in cases where students are sponsored by the Government to pursue their education in private schools.

JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the fourth respondent in Na.Ka.No.8014/A1/2019 dated 10.11.2020 and quash the same and consequently, direct the respondents to give the benefits under the Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to the students of the Government Schools Act, 2020 (Tamil Nadu Act No.34 of 2020) to the petitioner's daughter namely Soundarya in the Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on preferential basis to the students of the Government Schools, 2020-2021.

1. The petitioner's second daughter by name Soundarya was a student of Government run school, as her family was living on a meager income, being a small time agriculturist. She successfully completed her SSLC examination with 452 marks out of 500 marks and secured second rank among the Adi Dravidar students in Karur District. According to the petitioner, despite her daughter's poor economic and social background, she managed to excel in her academic career during her school studies.

2. The State Government has formulated a policy to help the meritorious students belonging to Adi Dravidar community to pursue their school higher education in reputed private schools in order to enhance their academic performance during the crucial years of their school career. As per the Government policy, the Department of Adi Dravidar Welfare used to select top ten students in every District from among the Adi Dravidar community and sponsor them to pursue their higher school education in private schools. In furtherance of the policy, the Government would undertake to pay the entire fees to the students towards their education in private schools.

3. The petitioner’s daughter being the second rank holder in the District of Karur, securing very high marks in SSLC was sponsored by the Government to pursue her +2 course in a private school called Chellammal Matric Higher Secondary School. The petitioner's daughter completed her first year +2 course with 72.3% of marks and completed her second year +2 course with 83% of marks. According to the petitioner, her daughter has always been dreaming to become a medical doctor and for realizing her dream, she appeared for National Eligibility-cum-Entrance Test (NEET) for the year 2020. She participated the examination held on 13.09.2020 and has scored 158 marks in the NEET examination of the year 2020.

4. In the meanwhile, the Government has introduced an Act called Tamil Nadu Admission to Undergraduate Courses in Medicine, Dentistry, Indian Medicine and Homeopathy on Preferential basis of Students of Government Schools Act, 2020 (hereinafter called as “the Act 34/2020”) providing for 7.5% reservation on preferential basis to students who studied in State Government schools and have qualified in NEET examination for admission to undergraduate courses of MBBS/BDS/Siddha/Ayurvedha, Unani and Homeopathy from the academic year 2020-2021. The Act was introduced vide G.O.No.438, Health and Family Welfare (MCA-1) Department, dated 29.10.2020.

5. In furtherance of the objectives of the above Act, the Government instructed all the District Administration to collect records in respect of the students who studied in Government schools and successfully completed NEET examination. In the process, the petitioner came to know that her daughter’s name was not included for the preferential quota of 7.5% in view of the fact that the petitioner’s daughter had completed her +2 course in a private school. Having learnt about her exclusion, a representation was submitted on 09.11.2020 seeking the extension of the benefit of 7.5% reservation and as there was no action forthcoming, she approached this Court by filing a Writ Petition in W.P.(MD)No.16362 of 2020 s