Madras High Court
Minor M.Arunsankar vs The Dean (Agriculture) & Chairman ... on 28 April, 2021
W.P.(MD)No.17229 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD).No.17229 of 2020
and
W.M.P.(MD).Nos.14419 to 14421 & 14423 of 2020
Minor M.Arunsankar,
S/o.P.Murugan,
Door No.38, Perekinspuram 5th Street,
Aruppukottai,
Virudhunagar 626 101
Tamil Nadu
Rep. by father and natural guardian
P.Murugan ... Petitioner
Vs
1.The Dean (Agriculture) & Chairman (Admission)
The Tamil Nadu Agricultural University
Under Graduate Admission 2020
Coimbatore 641 003.
2.The Vice Chancellor,
The Tamil Nadu Agricultural University
Coimbatore 641 003.
3.The Secretary & Agricultural Production Commissioner,
Secretariat,
Chennai 600 009. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus calling for the records relating to
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the impugned revised schedule for Undergraduate Admission 2020 published by
1/12
W.P.(MD)No.17229 of 2020
the respondents University in so far as counselling dated 01.12.2020 (Tuesday)
pertaining to vocational category omitting Special Category of “Descendants of
Freedom Fighters” quash the same and consequently direct the respondents
herein to consider the petitioner herein for admission into B.Sc., (hons)
Agriculture in the respondents University under the Special Category of
“Descendants of Freedom Fighters” as notified and contained in the brochure
for UG Admission 2020-21 as per the rank list published by the respondents
therefor.
For Petitioner : Mr.Prabhu Rajadurai
for Mr.K.Appadurai
For Respondents : Mr.A.Thirumurthy (for R1 & R2)
Mr.Vijay Narayan
Advocate General
Assisted by
Mr.M.Muthugeethaiyan
Special Government Pleader
ORDER
(Order of the Court was made by N.KIRUBAKARAN, J)
The petitioner is one of the descendants of freedom fighter Veera Pandia
Kattabomman, who was hanged to death by the British administration. The
petitioner's mother Durai Kannammal is the daughter of Somasundara Katta
Bommuthurai, who was the direct legal heir of Veera Pandia Kattabomman. In
this regard, the Tahsildar, Kamuthi Taluk also issued a legal heir certificate on
12.12.2011.
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W.P.(MD)No.17229 of 2020
2.The petitioner completed Higher Secondary Course and secured 544
marks out of 600 in the public examination held in March 2020 and applied for
B.Sc.,(hons) Agri., under the special category of “Descendants of Freedom
Fighters” as per the UG Admission Information Brochure 2020-21.
3.Out of 99 total seats, one seat has been reserved for “Descendants of
Freedom Fighters”. The respondent published rank list which contains names
of 7 candidates and the petitioner secured second rank in that category. The
counselling for special category was fixed from 30.11.2020 to 01.12.2020 and
email was sent to the petitioner, directing him to attend TNAU UG online
counselling 2020.
4.Since Ms.Rithi.V.P. who is the first rank holder in the above list is said
to have secured M.B.B.S., seat, thereby the petitioner got the chance of getting
that special category seat under the “Descendants of Freedom Fighters”.
5.When things stand so, the respondent issued revised schedule for
counselling omitting the special category of “Descendants of Freedom Fighters”
and substituted therein vocational category fixing the date of counselling as
01.12.2020, unilaterally, depriving the petitioner in getting admission under the
special category. Therefore, the petitioner has come before this Court
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challenging the revised schedule for UG Admission 2020 published by the
W.P.(MD)No.17229 of 2020
respondent University, pertaining to the vocational category, omitting special
category of “Descendants of Freedom Fighters” and consequently to direct the
respondents to admit the petitioner into B.Sc., (hons) Agriculture in the
respondent University as per the original brochure for UG Admission 2020-21.
6.When the matter came up for admission on 27.11.2020,
Mr.A.Thirumurthy, learned counsel took notice on behalf of Respondents 1 & 2
and Mr.M.Muthugeethaiyan, learned Special Government Pleader took notice
on behalf of the 3rd respondent and this Court posted the matter on 30.11.2020,
as the Counselling was scheduled to be conducted on 01.12.2020 for vocational
category, which has been included, deleting the special category of
“Descendants of Freedom Fighters”.
7.Mr.Prabhu Rajadurai, learned counsel appearing for the petitioner
would submit that the respondents are not justified in unilaterally deleting the
special reservation for “Descendants of Freedom Fighters”, especially when
brochure speaks about the special reservation and rank list including above said
category was also issued. Further the petitioner was directed to appear for
online counselling by virtue of email, which was to be conducted from
30.11.2020 to 01.12.2020. In the process of admission, the respondents have
got no right to unilaterally delete the benefit given to the petitioner and
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similarly placed persons under the special reservation. Hence, he seeks
W.P.(MD)No.17229 of 2020
quashing of the portion of the revised counselling schedule and direction to the
respondents to admit the petitioner.
8.On 30.11.2020, Mr.Vijay Narayan, learned Advocate General appearing
for the 3rd respondent would submit that the special reservation for
“Descendants of Freedom Fighters” has been omitted pursuant to the order
passed by this Court in W.P.No.23104 of 2014 on 10.10.2014 and G.O.(Ms).No.
250 Agriculture (AU) Department dated 29.10.2020 was issued deleting the
special reservation for “Descendants of Freedom Fighters”. He produced the
aforesaid G.O., as well as a letter of the Dean (Agri), TNAU, Coimbatore dated
26.11.2020, wherein it has been stated that the seat allotted under freedom
fighters quota does not find place in G.O.(Ms).No.250 Agriculture (AU)
Department dated 29.10.2020. He would further submit that this year only, the
deletion took effect by virtue of the said G.O., and the respondents have rightly
deleted the special reservation for the “Descendants of Freedom Fighters” in
compliance of this Court order. The Higher Education department has already
deleted this special reservation for “Descendants of Freedom Fighters” through
G.O.(Ms).No.222, Higher Education (J1) Department, dated 07.08.2017.
Hence, he justified the deletion.
9.Mr.A.Thirumurthy, learned counsel appearing for respondents 1 and 2
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would adopt the argument of the learned Advocate General.
W.P.(MD)No.17229 of 2020
10.Heard the parties and perused the records. It is stated in the brochure
viz., UG Admission Information 2020-21, as to how the admission would be
conducted. 2.2.2 of the brochure occurring at page No.14 of 64 page UG
Admission brochure speaks about special reservation. In the said category
differently abled, ex-service men, Descendants of Freedom Fighters, eminent
sports persons are all included. Special reservation paragraph 1 is extracted as
follows:
“2.2.2 Special Reservations
Certain number of seats is also reserved for the following
categories, as prescribed by the Government of Tamil Nadu G.O.
Ms. No. 167 dt. 25.4.2008. A separate certificate with necessary
details issued by the competent authority concerned has to be
uploaded during online application process and compulsorily
produced at the time of certificate verification, which will be
intimated later. A special processing fee of Rs.100/- is included
with online application fee.”
and 2.2.2.3. of brochure states about “Descendants of Freedom Fighters” which
reads as follows:
“2.2.2.3. Descendants of Freedom Fighter
One Seat is reserved in B.Sc.(Hons.) Agriculture for the
children of freedom fighters. The applicants should fulfill all
qualifying requirements. Candidates have to produce Appendix
IVa and necessary certificate issued by the Tahsildar of the
respective Taluk (Appendix IVB).”
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11.Based on the information contained in the brochure published by the
W.P.(MD)No.17229 of 2020
respondents, the petitioner acted upon and applied for admission to B.Sc.,
(Agri.,) course under the special reservation meant for “Descendants of
Freedom Fighters”. The petitioner applied for admission along with the
certificate issued by the Tahsildar, Kamuthi, dated 12.12.2011 stating that the
petitioner is a descendant of Veera Pandia Kattabomman. The petitioner
submitted his online application and the respondent sent a reply via email,
confirming the submission of online application on 15.08.2020 and confirming
the payment of counselling fee.
12.The respondents published rank list including the special category
viz., descendants of freedom fighters. The following list would show that the
petitioner has been ranked No.2.
Rank Registration Name Aggregate Marks
No.
1. 116517607 Rithi V.P. 192.00
2. 114380234 Arunsankar M 178.00
3. 104300838 Yuvaraj R.P. 175.00
4. 105481612 Nuthana P.K 168.00
5. 111167319 Vanathi Adhirai S 161.00
6. 106585534 Vidhya Sagar P. 147.50
7. 104552405 Krishnaraj S. 99.50
13.The respondents caused paper publication on 20.11.2020 stating that
the general counselling would be held from 26.11.2020 to 01.12.2020 and for
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W.P.(MD)No.17229 of 2020
special reservation category, counselling would be from 30.11.2020 to
01.12.2020 and email was also sent to the petitioner directing him to attend the
TNAU UG online counselling 2020. Since Ms.Rithi V.P., who was ranked first
has secured medical seat, consequently, the petitioner had to be given the seat
meant for special reservation as he stood second in the rank list under special
category. However, the respondents unilaterally deleted the special category of
reservation meant for descendants of freedom fighters itself and vocation
category was given that seat.
14.First of all, based on the promise of the respondents that one seat was
reserved for descendants of freedom fighters, the petitioner acted upon and
obtained certificate from the Tahsildar in this regard and applied for the said
seat as per the brochure. The promise made by the respondents cannot be
unilaterally altered and the respondents are bound by promissory estoppel. The
respondents have got no right to unilaterally revise the brochure by deleting the
special category seat.
15.The respondents though relied upon the judgment of this court passed
in W.P.No.23104 of 2014 dated 10.10.2014, where in this Court opined that the
quota made for children of freedom fighters should be removed from the
prospectus in future years, since no such person had been available in the past
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15 years. Though the order has been passed on 10.10.2014 and is said to have
W.P.(MD)No.17229 of 2020
been acted upon by the Higher Education department by issuance of G.O.
(Ms).No.222, Higher Education (J1) Department, dated 07.08.2017, no such
G.O., has been passed by the Agricultural department, till the rank list was
published.
16.Only after the revised counselling schedule was announced, it came to
be known that the special category has been deleted which is not justifiable in
law as it violates the principles of natural justice.
17.On 29.10.2020 only, G.O.(Ms).No.250 Agriculture (AU) Department
dated 29.10.2020 was passed deleting the special quota meant for descendants.
Once the process of admission has been started and the petitioner is found to be
eligible and has been ranked second, right got accrued to the petitioner and the
same cannot be deleted unilaterally by the respondents and the principles of
natural justice have been violated.
18.G.O.(Ms).No.250 Agriculture (AU) Department dated 29.10.2020 has
been passed in the midst of admission which cannot have any impact on the
admission process since the admission process has already been started by
issuance of brochure by the respondents. Not only the candidates but the
respondents are also bound by the brochure, which has been published and the
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respondents are estopped from taking away the special category, which has been
W.P.(MD)No.17229 of 2020
promised to be given to descendants of freedom fighters. If at all G.O.(Ms).No.
250 Agriculture (AU) Department dated 29.10.2020 could be made applicable,
it could be in the next year academic year onwards and it will not be applicable
to the on going admission.
19.When it was pointed out, the learned Advocate General submitted that
the petitioner would be provided with a seat and therefore, there is no necessity
for passing an order. Subsequently, it was informed that the petitioner was
already granted admission, in view of the view taken by this Court. It is
informed by the learned Advocate General that the petitioner would be provided
with a seat, he could pay the fee and join the course.
20.The petitioner was granted provisional admission card on 02.12.2020
in which it is stated that the petitioner (Application Regn. No.114380234 )was
provisionally selected for B.Sc., (hons) Agri, at AC&RI, Coimbatore campus
under the special category for descendants of freedom fighters.
21.Since the petitioner was granted seat and was allowed to pay the fee
and is undergoing course, he should be allowed to complete the course. With
the above observation, this Writ Petition is disposed of. No costs.
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Consequently connected Miscellaneous Petition is closed. However, it is open
W.P.(MD)No.17229 of 2020
to the petitioner to reopen the Writ Petition, if there is any difficulty during the
course of his study.
(N.K.K.,J) (B.P.,J)
28.04.2021
sai
To
1.The Dean (Agriculture) & Chairman (Admission)
The Tamil Nadu Agricultural University
Under Graduate Admission 2020
Coimbatore 641 003.
2.The Vice Chancellor,
The Tamil Nadu Agricultural University
Coimbatore 641 003.
3.The Secretary & Agricultural Production Commissioner,
Secretariat,
Chennai 600 009.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.17229 of 2020
N.KIRUBAKARAN, J.
and
B.PUGALENDHI, J.
sai
W.P.(MD).No.17229 of 2020
Dated : 28.04.2021
https://www.mhc.tn.gov.in/judis/
