The reservation policy mandates equal opportunity for candidates to compete in both preferential and general categories, highlighting a candidate's entitlement based on merit beyond their designated sub-quota.

ORDER :

D. BHARATHA CHAKRAVARTHY, J.

Writ Petition is filed for declaration, declaring that the provisional list of candidates allotted to M.B.B.S/BDS course under the 7.5% reservation government quota for the year 2024-2025 is illegal and contrary to the policy of reservation against the counselling procedure provided under Clause 8(6) of the prospectus issued by the 3^rd respondent for the year 2024-2025 which enables the Arunthathiyars to compete in open category as well as the Scheduled Castes category on inter-se merit basis and to allot M.B.B.S., seat to the petitioner in any of the Government seat for the M.B.B.S., admission for the year 2024-2025 and to pass such further orders.

2. The case of the petitioner is that she is a student undergone her school education in the Government School and as such is eligible for the reservation of 7.5% for the Government school students. She also belongs to Scheduled Castes (Arunthathiyar) and as such she is entitled for reservation on that basis also. The 3^rd respondent Selection Committee implements the rule of reservation even among the 7.5% quota meant for the Government College students. The petitioner had scored 455 marks in the N.E.E.T out of 720 marks. The petitioner had duly applied and had choice locked under the quota of SC (Arunthathiyar) also. While so, by the call of her turn, the petitioner was allotted a seat under the management quota and she joined the M.B.B.S course in Karpaga Vinayaga Institute of Medical Sciences and Research, Maduranthagam. As a matter of fact, the Scheduled castes candidates, who have score even lesser marks were called for counselling and were allotted seats in the Private Medical College but under the Government quota. The list of such students is produced along with the writ petition, the candidates starting from Serial No.22 onwards namely, Sriram.C and R.Sharma, who have got 452 marks each and M.Rishi, who has got 450 marks were all allotted seats in the Government Quota in Private Medical Colleges whereas, the petitioner was not allotted one.

3. Heard Mr.NGR Prasad, Learned Senior Counsel appearing on behalf of the petitioner. The Learned Counsel would submit that the entire mistake seems to have occurred because of the respondents considering the petitioner only under the SC(A), a sub-quota and not in the Scheduled Castes (General) quota. In this regard, the Learned Counsel would draw the attention of this Court to the Act titled: Tamil Nadu Arunthathiyar (Special Reservation of Seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State within the Reservation for the Scheduled Castes), Act 2009. The act provides for preferential treatment to the Arunthathiyars within the Scheduled Castes quota.

4. As a matter of fact, rules have been framed by the State of Tamil Nadu in which the manner in which the preference should be given is specified. Rule 3 provides for the specific turns in the 100 point rotation of seats to be given only to Scheduled Castes (Arunthathiyar). The position was further made clear in G.O.Ms.No.55, dated 08.04.2010, the Government Order states that in the case of non-availability of candidates, both SC and SC(A) can be considered vice versa in the respective seats earmarked for them. If any candidate belonging to Scheduled Castes (Arunthathiyar), does not get a seat within the quota earmarked for Arunthathiyar but however still seats are left in the Scheduled Caste quota then after exhausting the Arunthathiyar qu