ORDER

The proceedings of the 1st respondent dated 28.08.2024 in and by which no seat has been allotted to Other Backward Community (for short ‘OBC’) in the 4th respondent college inspite of the fact that 11% is provided for reservation for OBC category for the year 2024-2025, but erroneously the seat was diverted to MBC candidate, though one seat had been given to MBC candidate last year, which has been done with a mala fide intention and to illegally accommodate the 6th respondent, thus depriving the petitioner of a MBBS seat in the 4th respondent college, which has been assailed by filing the present writ petition.

2. It is the case of the petitioner that she was born in Yanam, which is included within the Union Territory of Puducherry. It is the further case of the petitioner that the medical education in Puducherry region is under the control of the 1st respondent and the 2nd respondent is the counselling authority. The 4th respondent college is a Government college in which 4 seats are earmarked for the residents of Yanam region.

3. It is the further case of the petitioner that the 1st round of counselling was published on 23.08.2024 in which the petitioner figured in rank No.557 and the 6th respondent was allotted rank No.883. The seat matrix was thereafter published by the 4th respondent on 28.8.2024 in which the 1st respondent provided 2 seats for General Category, 1 seat for MBC and 1 seat for students belonging to Scheduled Caste. Despite the 11% reservation provided for OBC, no seat has been earmarked for the OBC community. In order to avert any possible diversion of seat, the petitioner preferred a representation dated 27.08.2024, but the same was ignored while publishing the seat matrix on 28.8.2024.

4. It is the further averment of the petitioner that even during the year

2023-2024, the 1st respondent had earmarked 1 seat for MBC and, therefore, for the year 2024-2025, the 1st respondent ought to have earmarked the seat for OBC category. The action of the 1st respondent in not providing seat to OBC category repeatedly is illegal and is directly an attack on equality enshrined under Article 14 of the Constitution. It is the further averment of the petitioner that atleast on rotation basis, the 1st respondent, while allotted seat to MBC in the previous year, ought to have allotted the seat for OBC community in the year

2024-2025.

5. It is the further averment of the petitioner that out of 29% reservation provided to Backward Community, division was made by the 1st respondent within the 29%, by allotting 11% to OBC candidates and 18% to MBC candidates. For the year 2024-2024, while the 1 seat, which was meant for Backward Community was allotted to the candidate belonging to MBC, for the academic year 2024-2025, the 1st respondent ought to have allotted the said seat to OBC candidate, on rotation basis, which alone would fulfil the equality clause, thereby providing seats both to OBC and MBC candidates. However, without following the same, providing of 11% reservation to OBC candidates would become meaningless as all the years, the share of the seat would be given to MBC candidates and the reservation for OBC candidates would only remain on paper.

6. It is the further averment of the petitioner that insofar as 2%

reservation provided to candidates belonging to EBC and BCM for which one seat is allotted for BC in Karaikal region, the single seat each year is allotted between EBC and BCM on rotation basis. However, when it comes to the case of OBC and MBC candidates, which also stands on similar footing, the said rotation basis is not followed, which has caused grave prejudice to the petitioner as inspite of the petitioner securing higher rank, due to the erroneous approach adopted by the 1st respondent, the petitioner has been deprived of a seat in the 4th respondent college. Therefore, the proceedings of the 1st respondent dated 28.8.2024 relating to seat matrix is unconstitutional, arbitrary and illegal and assailing the sa