Madras High Court
Minor Sachiv Bala Bv (Aged About 17 ... vs The Principal Secretary on 19 July, 2023
WA Nos.1482, 1483 and 1486 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WA Nos.1482, 1483 and 1486 of 2023
and CMP Nos.14375, 14376 and 14382 of 2023
Minor Sachiv Bala BV (aged about 17 years)
Represented through his father and
Natural Guardian Mr.P.Balamurugan
G-1, Nova Orchid Apartment,
25, Shanthi Nikethan Nagar, 9th Street,
Mudichur, Chennai-600 048. ... Appellant in
all WAs.
-vs-
1. The Principal Secretary,
Department of Higher Education,
Government of Tamil Nadu,
Secretariat, Chennai-600 009.
2. The Director of Collegiate Education,
O/o Director of College Education,
EVK Sampath Building,
College Road, Chennai.
3. The University of Madras,
Rep by its Registrar,
Chepauk, Chennai-600 005.
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WA Nos.1482, 1483 and 1486 of 2023
4. The Principal & Secretary,
Madras Christian College (Autonomous),
Tambaram East,
Chennai-600 059 ... Respondents
in all WAs.
Prayer: Writ Appeals filed under Clause 15 of the Letters Patent to set
aside the common order dated 06.06.2023 passed in WP Nos.16682,
16693 and 16690 of 2023 on the file of this Court.
For the Appellant :: Mr.K.Newlin Frederick
in all WAs.
For the Respondents :: Mr.Mr.P.Muthukumar
in all WAs. State Government Pleader
For RR 1 and 2
:: Ms.V.Sudha for R-3
:: Mr.Godson Saminathan for R-4
*****
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.K.Newlin Frederick, learned counsel for the
appellant, Mr.P.Muthukumar, learned State Government Pleader for
respondents 1 and 2, M/s.V.Sudha, learned counsel for respondent
no.3 and Mr.Godson Saminathan, learned counsel for respondent no.4.
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WA Nos.1482, 1483 and 1486 of 2023
2. The appellant challenges the order dated 06.06.2023 passed
by the learned Single Judge in W.P.Nos.16682, 16693 and 16690 of
2023.
3. The appellant had filed the writ petitions thereby seeking
directions to admit the appellant for Under Graduate course in B.A.
Political Science. According to the learned counsel, the candidates
obtaining less marks than the appellant had been admitted by the
respondents. The brochure nowhere categorises the allocation of seat
in the ratio of 80:10:10. According to the learned counsel, the cut-off
marks are also not properly mentioned. A candidate securing 81% is
admitted from general category. The learned Single Judge did not
consider the said aspect.
4. The learned counsel for respondent no.4 submits that the
admissions are given strictly in accordance with merit. The
Government Order bearing G.O. (D) No.147, Higher Education (G1)
Department, dated 05.05.2023 deals with admission for degree
courses. 80% are to be admitted from students who had taken
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WA Nos.1482, 1483 and 1486 of 2023
Political Science as the subject, 10% seats have to be filled in from
vocational course and 10% from general category. The appellant is
considered from general category. There are 24 persons scoring more
marks than the appellant. A mistake was committed while showing
the candidate namely Vishal Manish from general category, but
actually, he is from Political Science category.
5. We have considered the submissions.
6. The Government Order is in place. As per the said G.O., 80%
of the seats were to be filled in from among the students who had
taken Political Science as the subject. The appellant was from general
category. Only one seat is meant for general category and the same is
offered to a candidate scoring 97.5 marks. The respondent no.4 has
placed the list showing the students applying from general category.
24 students are above the appellant who have secured more marks
than the appellant.
7. In light of that, we do not find any error committed by the
learned Single Judge while passing the impugned order.
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WA Nos.1482, 1483 and 1486 of 2023
8. In case, the seat from general category remains vacant and
24 candidates above the appellant do not accept the course till the last
date, then the same can be offered to the appellant as may be
permissible under the rules.
The writ appeals, accordingly, stand disposed of. There will be no
order as to costs. Consequently, connected miscellaneous petitions
are closed.
(S.V.G., CJ.) (P.D.A., J.)
19.07.2023
Index : Yes/No
Neutral Citation : Yes/No
sra
To
1. The Principal Secretary,
Department of Higher Education,
Government of Tamil Nadu,
Secretariat, Chennai-600 009.
2. The Director of Collegiate Education,
O/o Director of College Education,
EVK Sampath Building,
College Road, Chennai.
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WA Nos.1482, 1483 and 1486 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
3. The University of Madras,
Rep by its Registrar,
Chepauk, Chennai-600 005.
WA Nos.1482, 1483 and
1486 of 2023
19.07.2023
https://www.mhc.tn.gov.in/judis
