K.Priyavarshini v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.29536 of 2016 K.Priyavarshini .. Petitioner vs.
1.The Secretary to Government Higher Education Department Fort st.George, Chennai 600 009.
2.The Registrar The Tamilnadu Dr.Ambedkar Law University "Poompozhil"
No.5, Dr.D.G.S.Dhinakaran Salai Chennai 600 028.
3.The Chairman The Tamilnadu Dr.Ambedkar Law University "Poompozhil"
No.5, Dr.D.G.S.Dhinakaran Salai Chennai 600 028.
4.The Secretary to Government Backward Classes and Most Backward Classes & Minority Welfare Department Fort St.George, Chennai 600 009.
5.The Secretary to Government Law Department , Fort. St. George, Chennai 600 009.
6.The Bar Council of India rep. by its Secretary 21, Rouse Avenue Institutional Area New Delhi 110 002.
(R4 to R6 are impleaded as per order dated 15.09.2016, by TSSJ in WMP No. 27934/2016 in WP No.29536 of 2016) .. Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the respondents to consider and admit the petitioner in 3 year LL.B(Hons) degree course for the academic year 2016-2017 at School of Excellence in Law by creating additional seats in the Open Competition applying 50% reservation policy.
For Petitioner :Mr.T.Sellapandian for Mr.S.Mani For Respondents :Mr.V.Ayyadurai, - R1, R4 & R5 Addl.Advocate General Asstd. by Mr.A.N.Thambidurai Special Govt.Pleader Mr.M.Nallathambi - R2 & R3 Mr.S.R.Raghunathan - R6
O R D E R
Heard Mr.T.Sellapandian, learned counsel is appearing for the petitioner, Mr.V.Ayyadurai, learned Additional Advocate General, assisted by Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1, 4 and 5, Mr.M.Nallathambi, learned counsel for the respondents 2 & 3 and Mr.S.R.Raghunathan, learned counsel for the 6th respondent. With the consent of the learned counsel appearing on either side, the Writ Petition itself is taken up for final disposal. 2.This Writ Petition has been filed for directing the respondents to consider and admit the petitioner in the 3 year LL.B(Hons) degree course for the academic year 2016-2017 at School of Excellence in Law by creating additional seats in the Open competition applying 50% reservation policy. 3.
The petitioner's case rests upon the directions issued by the Hon'ble Supreme Court from time to time and in one such direction issued on 05.08.2014 in Writ Petition (Civil) No.641 of 2014. Reliance was placed on the said order of the Hon'ble Supreme Court by one other student, seeking for admission to M.B.B.S., course for the academic year 2014-2015, and the Writ Petition was allowed by an order dated 11.09.2014, in W.P.No.21434 of 2014, directing the Annamalai University to act, as per the interim order granted by the Hon'ble Supreme Court.
4.Therefore, unless and until the petitioner secures appropriate permission from the Hon'ble Supreme Court to follow 69% reservation, the question of entertaining the Writ Petition would not arise. Accordingly, the Writ Petition is closed, leaving it open to the petitioner to move the Hon'ble Supreme Court for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpa To 1.The Secretary to Government Higher Education Department Fort st.George, Chennai 600 009.
2.The Registrar The Tamilnadu Dr.Ambedkar Law University "Poompozhil", No.5, Dr.D.G.S.Dhinakaran Salai Chennai 600 028.
3.The Chairman The Tamilnadu Dr.Ambedkar Law University "Poompozhil", No.5, Dr.D.G.S.Dhinakaran Salai Chennai 600 028.
4.The Secretary to Government Backward Classes and Most Backward Classes Fort St.George, Chennai 600 009.
5.The Secretary to Government Law Department , Fort. St. George, Chennai 600 009.
6.The Secretary, Bar Council of India 21, Rouse Avenue Institutional Area, New Delhi 110 002 + 1 cc to Mr.M. Nallathambi, Advocate SR.54814 + 1 cc to Mr.S. Mani, Advocate SR.55469 W.P.No.29536 of 2016 TRM(CO) EU 04.10.16