The central legal point established in the judgment is the impact of subsequent government orders on the applicability of historical reservation policies, specifically G.O.Ms.No.1142 dated 30.06.1979, and the court's authority to interfere with executive decisions only when they offend the Constitution or the Statute.

JUDGMENT

(Prayer: Appeal filed under Clause 15 of the Letters Patent Act against the order dated 05.07.2022 in WP No.5204 of 2022.)

Munishwar Nath Bhandari, CJ.

1. The writ appeal has been filed to assail the judgment dated 05.07.2022, wherein, clubbing two writ petitions (WP Nos.5204 and 3078 of 2022), the impugned order was passed.

2. WP No.5204 of 2022 was filed by the appellant-in-person to assail the Government Order in G.O.(2D).No.33, Health and Family Welfare (MCA-1) Department, dated 10.01.2022, and the prospectus for admission to MBBS and BDS degree courses in the Tamil Nadu Government Medical/Dental Colleges and other seats in different medical colleges for the year 2021-22. It is with a further prayer to conduct separate counselling exclusively for serving defense personnel as per G.O(Ms.) No.1142, Health and Family Welfare Department dated 30.06.1979 and the Division Bench order in W.A(MD). No.610 of 2019 dated 19.08.2021 after allotting MBBS seats through second counselling.

3. Since WP No.3078 of 2022 was also filed by two students to challenge the Government Order in G.O.(D).No.33, Health and Family Welfare (MCA-1) Department, dated 10.01.2022, and to apply Government order in G.O.Ms.No.1142, dated 30.06.1979, both the cases were clubbed and decided together by the learned Single Judge.

4. So far as the application of G.O.Ms.No.1142, dated 30.06.1979 is concerned, the Court came to the conclusion that it is no more effective as the benefit given to PUC and B.Sc. courses are not in operation. Therefore, for the last many years, the benefit arising out of G.O.Ms.No.1142 dated 30.06.1979 has not been extended.

5. The writ appellant-in-person however referred to the judgment of the Division Bench in WA (MD) No.610 of 2019 dated 19.08.2021 to show that the Government Order aforesaid has been endorsed and thereby, is applicable as on the date also.

6. To analyse the issue aforesaid, we have gone through the order dated 19.08.2021 in WA (MD) No.610 of 2019. The judgment aforesaid referred to the Government Order of the year 1979 and the notification issued by the Ministry of Defence, dated 21.05.2018 to give inter-se priority for reservation for wards of armed forces personnel by the State/Union Territories. The judgment has further made a reference that in the Government Order dated 30.06.1979, serving defence personnel were also included, and a new policy was brought on 28.05.2022, wherein special reservation was confined only to physically handicapped, eminent sports persons, children of freedom fighters and children of ex-servicemen. Though six seats were earlier reserved for ex/deceased/serving defence personnel through the Government Order dated 30.06.1979, it was reduced to four seats and the remaining seats were handed over to the general pool.

7. The Division Bench further noted about the Government Order issued on 01.06.2018 by the Health and Family Welfare Department. It was for deletion of serving defence personnel as per the judgment of the Five Judges Bench of this Court in the case of M.Arthi (minor) vs. State of Tamil Nadu and two others (W.A.No.3221 of 2002). It was held that other than the reservation mentioned in Tamil Nadu Act 45 of 1994, what is permissible is only for the physically handicapped, eminent sportsmen, children of freedom fighters and children of exservicemen.

8. The Division Bench noted the judgment of the learned Single Judge holding Government Order dated 30.06.1979 to be applicable and therefore, there was no reason for departing from the reservation policy already followed. The aforesaid finding was recorded in view of the fact that both the parties before the Court found application of the Government Order as on the date, though the consideration aforesaid was going against the contents of the Government Order dated 30.06.1979. The judgment of the Division Bench does not refer to the Government Order of 30.06.1979 to find out to whom such benefit is admissible. However, the same has been n