Minor Sachiv Bala Bv v. The Principal Secretary

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 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.

-vs1. 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.

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.

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

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.

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 : 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.

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 19.07.2023