Madras High Court
A.Prabhakara Reddy vs Government Of Puducherry on 27 July, 2021
W.A.No.3372 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.3372 of 2019
A.Prabhakara Reddy .. Appellant
Vs
1.Government of Puducherry,
Rep. by Secretary to Government,
Higher and Technical Education,
Chief Secretariat,
Puducherry - 605 004.
2.The Co-ordinator (Admission),
Centralised Admission Committee(CENTAC),
Pondicherry Engineering College Campus,
Government of Puducherry,
Puducherry - 604 014.
3.The Convenor,
Centralised Admission Committee(CENTAC),
Pondicherry Engineering College Campus,
Government of Puducherry,
Puducherry - 604 014.
4.The Director of Health and Family Welfare Services,
Puducherry.
5.Medical Council of India,
Rep. by Secretary,
Sector - VIII, Dwaraga Phase II,
New Delhi 110 077.
Page 1 of 8
http://www.judis.nic.in
W.A.No.3372 of 2019
6.Indira Gandhi Medical College and
Research Centre,
Puducherry. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 27.08.2019 made in W.P.No.24861 of 2019.
For Appellant : Mr.R.Venkatesulu
for Ms.Usha Raman
For Respondents : Ms.N.Mala,
Government Pleader (Puducherry)
for R1 to R4 and R6
Ms.Shubharanjani Ananth for R5
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been filed by the appellant against the order of
the learned Single Judge in a writ petition filed challenging the
notification dated 20.08.2019 by which the Economically Weaker
Section Quota seats were converted into General Category.
2. The appellant's daughter belongs to Yanam. According to the
appellant, his daughter is entitled for a seat under the Economically
Weaker Section Quota. The seats reserved underwent changes in
view of the surrendering of unfilled seats under the All India
category. Accordingly, by the proceedings dated 06.08.2019, 14 seats
http://www.judis.nic.in
W.A.No.3372 of 2019
have been reserved to be filled up under the Economically Weaker
Section quota. Of the 14 seats, 10 seats have been earmarked for the
Puducherry Union as a whole. Resultantly, 3 seats have been reserved
for Karaikal and 1 seat for Mahe. The appellant's daughter belongs to
Yanam. Obviously, she could not get into the 10 seats filled under the
Economically Weaker Section quota meant for the entire Union
Territory of Puducherry. The last person by name Saran scored 196
marks whereas the appellant's daughter scored 178 marks.
3. The case of the appellant is that the reserved category meant
for Karaikal and Mahe regions ought not to have been converted into
General Category of the respective regions. Incidentally, it is
submitted that number of seats must have been 5 and if it is so,
Yanam would have got one.
4. In the affidavit filed by the fourth respondent, the following
statement has been made:-
Regional Wise Vertical Reservation Horizontal Reservation
% of reservation
and seats
Gen EW OB MB SC ST BC EB BT FF PH EXM MSP
Region Wise No.of S C C 16 0. M C 1 4% 5% 1% 1%
seats 11 11 % 5 2 2 %
% % % % %
Puducherry 107 43 1 1 1 1 0 0 0 0 04 05 01 01
(75%) 0 2 9 8 1 2 2 0
http://www.judis.nic.in
W.A.No.3372 of 2019
Regional Wise Vertical Reservation Horizontal Reservation
% of reservation
and seats
Karaikal 26 10 0 0 0 0 0 0 0 0 01 01 00 00
(18%) 3 3 5 4 0 1 0 0
Yanam 04 02 0 0 0 0 0 0 0 0 00 00 00 00
(3%) 0 0 1 1 0 0 0 0
Total 137 55 1 1 2 2 0 0 0 0 05 06 01 01
3 5 5 3 1 3 2 0
BCM/EBC - Rotation on yearly basis in Karikal region.
Total Seats Vertical Reservation Horizontal Reservation
Mahe - (4%) = 06 Gen EW OBC MBC BCM FF PH EXM MSP
S 16 7% 10 (4%) (5%) (3%) (1%)
% %
02 01 01 01 01 00 00 00 00
In the final seat matrix a total number of 14 seats have been earmarked for
EWS category, of which 10 seats have been allotted to U.T. of Puducherry. The
Karikal and Mahe regions have been allocated with 3 and 1 seat respectively.
8. I respectfully submit that the CENTAC has received only 13 applications
under EWS category against the total 14 seats earmarked for EWS. No candidates
from Karaikal and Mahe region have applied under EWS category. The CENTAC had
considered the 13 applicants applied under EWS category and allotted 10 seats on
merit against the 10 seats earmarked for the U.T.of Puducherry during 1st and 2nd
round of counselling.
The details of the candidates allotted under EWS category are as follows:-
Sl.No. Name NEET score NEET Rank
1 Ovya 408 120751
2 Bora Sriya Reddy 390 138985
3 S.Kaviya 352 183157
4 Kalla Praveen 286 280392
Kumar
5 Meesal Pavitra 280 291098
http://www.judis.nic.in
W.A.No.3372 of 2019
Sl.No. Name NEET score NEET Rank
Chandravathi
6 Alan Riat VL 275 300870
7 Chintalpudi NVSS 247 353844
Lokesh
8 Pentapati 240 368549
Manohara Jayasri
9 Bavisetty Satya 240 369283
Venkata Bhavya
Sri
10 Saran B 196 477598
9. I respectfully submit that there are no specific guidelines or regulations
from the Medical Council of India/Govt. of India which stipulates how to treat the
unfilled seats under EWS Category. However, it is ascertained that the Directorate
General of Health Services, Government of India, New Delhi has converted the
unfilled seats of EWS into unreserved category during Mop-Up round seat allotment
for All India Quota. Hence, the Government of Puducherry decided to adopt the
procedures followed by the Directorate General of Health Services, New Delhi.
Accordingly the unfilled 3 EWS seats in Karaikal and 1 unfilled EWS seat in Mahe
are converted to the General Quota of the respective regions."
5. Based upon the said submission, the writ petition was
dismissed.
6. Learned counsel appearing for the appellant reiterated the
same submission. It is also to be seen that the appellant's daughter
has got the admission in the present academic year. We are
http://www.judis.nic.in
W.A.No.3372 of 2019
concerned with the admission for the year 2019-2020. Now, two
years have elapsed.
7. Upon hearing the arguments, we find that there is no merit
in the appeal, even the appellant's daughter may not be considered
for the academic year 2019-2020 at this point of time. Admittedly,
the appellant's daughter belongs to Yanam region. There is no
reservation under the Economically Weaker Section quota for Yanam
whereas it is provided for Karaikal and Mahe. For the General
Reserved Category of 75% pertaining to the Economically Weaker
Section, the appellant's daughter was not qualified admittedly.
8. In such view of the matter, we do not find any error in the
order passed by the learned single Judge, warranting interference.
Accordingly, the writ appeal stands dismissed. No costs.
(M.M.S., J.) (R.N.M., J.)
27.07.2021
Index:Yes/No
mmi/ssm
http://www.judis.nic.in
W.A.No.3372 of 2019
To
1.Government of Puducherry,
Rep. by Secretary to Government,
Higher and Technical Education,
Chief Secretariat,
Puducherry - 605 004.
2.The Co-ordinator (Admission),
Centralised Admission Committee(CENTAC),
Pondicherry Engineering College Campus,
Government of Puducherry,
Puducherry - 604 014.
3.The Convenor,
Centralised Admission Committee(CENTAC),
Pondicherry Engineering College Campus,
Government of Puducherry,
Puducherry - 604 014.
4.The Director of Health and Family Welfare Services,
Puducherry.
5.The Secretary,
Medical Council of India,
Sector - VIII, Dwaraga Phase II,
New Delhi 110 077.
6.Indira Gandhi Medical College and
Research Centre,
Puducherry.
http://www.judis.nic.in
W.A.No.3372 of 2019
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.3372 of 2019
27.07.2021
http://www.judis.nic.in
