Madras High Court
R.Manigandan vs State Of Tamil Nadu on 29 January, 2021
W.A.No.84 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.84 of 2021
R.Manigandan ... Appellant
Vs.
1. State of Tamil Nadu
rep. by its Principal Secretary
Health and Family Welfare Department
Fort St. George
Chennai – 600 009.
2. The Secretary
Selection Committee
Directorate of Medical Education
162, Periyar E.V.R.High Road
Kilpauk, Chennai – 600 010.
3. The Director of Medical Education
Directorate of Medical Education
162, Periyar E.V.R.High Road
Kilpauk, Chennai – 600 010.
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W.A.No.84 of 2021
4. The Union Territory of Puducherry
rep. by its Principal Secretary
Health and Family Welfare Department
Main Block of the Old Maternity Hospital Complex
Victor Simonel Street
Puducherry – 605 001. ... Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 23.12.2020 passed in W.P.No.19639 of 2020.
For Appellant : Ms.Kavitha Deenadayalan
For Respondents : Mr.E.Manoharan
Special Government Pleader
for respondents 1 to 3
Mrs.N.Mala
Government Pleader
(Puducherry)
for 4th respondent
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
There is no merit in the appeal, though one may sympathise with
the writ petitioner-appellant. The writ petition was instituted upon the
Union Territory of Puducherry declining the benefit of reservation to
the writ petitioner, though the writ petitioner obtained the qualifying
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W.A.No.84 of 2021
marks for such purpose. The ground for such denial was that the writ
petitioner was a resident of Tamil Nadu.
2. By the judgment and order impugned dated December 23,
2020, the Writ Court declined to interfere on the ground that a person
had to be a resident of a State or Union Territory and studied in a
government school of such State or Union Territory to get the benefit
of the reservation. There can be no quarrel with the proposition as
accepted in the impugned judgment and order; or else, there would be
anarchy.
3. There are several schools bordering this State and the
contiguous States and Union Territory. It is possible that in such
border schools, particularly the government-run schools, students
residing across the border are also given admission. However, when a
particular State or a Union Territory announces reservation for its
residents at its government schools, the twin conditions of residence
and the school belonging to that government must be complied with
for the benefit to be obtained by any person.
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W.A.No.84 of 2021
4. Since it is the admitted position that the school in this case is
run by the Government of Puducherry and the writ petitioner is a
resident of the State of Tamil Nadu, the writ petitioner cannot take
advantage of G.O.Ms.No.438 of October 29, 2020 issued by the State
of Tamil Nadu, nor can the writ petitioner take advantage of the
corresponding order of the Union Territory of Puducherry, since the
petitioner is not a resident of Puducherry.
In view of the above, the appeal is disposed of without bringing
any cheer to the writ petitioner. The judgment and order impugned
are left uninterfered with. W.A.No.84 of 2021 is dismissed. There will
be no order as to costs. Consequently, C.M.P.No.645 of 2021 is closed.
(S.B., CJ.) (S.K.R., J.)
29.01.2021
Index : Yes/No
sasi
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W.A.No.84 of 2021
To:
1. The Principal Secretary
State of Tamil Nadu
Health and Family Welfare Department
Fort St. George
Chennai – 600 009.
2. The Secretary
Selection Committee
Directorate of Medical Education
162, Periyar E.V.R.High Road
Kilpauk, Chennai – 600 010.
3. The Director of Medical Education
Directorate of Medical Education
162, Periyar E.V.R.High Road
Kilpauk, Chennai – 600 010.
4. The Principal Secretary
Union Territory of Puducherry
Health and Family Welfare Department
Main Block of the Old Maternity Hospital Complex
Victor Simonel Street
Puducherry – 605 001.
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W.A.No.84 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
sasi
W.A.No.84 of 2021
29.01.2021
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