A.Aishwarya v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.08.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition No.24915 of 2019 and W.M.P.No.24515 of 2019 Selvi A.Aishwarya .. Petitioner /versus/ 1.Union of India, Rep.by the Secretary to Government(Education), Chief Secretariat, Puducherry.

2.The Convenor, Centralised Admission Committee(CENTAC), Pondicherry Engineering College Campus, Puducherry 605 014.

3.Sri Venkateshwaraa Medical College Hospital & Research Centre, (Telugu Minority Institution), Ariyur, Puducherry 605 102.

4.Medical Council of India, Rep.by Secretary, Sector-VIII, Dwaraga Phase II, New Delhi 110 077.

.. Respondents Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to allot seat to petitioner for Medical Courses (MBBS/BDS/BAMS) for the academic year 2019-2020 in the 3rd respondent college under Government Quota against Linguistic Minority (Telugu Minority) category after preparing separate merit list for students belongs to Linguistic Minority (Telugu Minority) in strict compliance of by strictly following the judgment passed by the Hon'ble Apex Court in DAR-US-SLAM EDUCATIONAL TRUST AND ORS -Vs- MEDICAL COUNCIL OF INDIA AND ORS (W.P.(C)No.267/2017).

For Petitioner :Mr.Prakash Adiapadam For Respondents :Mr.J.Kumaran, AGP(P)

O R D E R

By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

2. Heard Mr.Prakash Adiapadam, learned counsel appearing for the petitioner and Mr.J.Kumaran, learned Additional Government Pleader(P), who takes notice on behalf of the respondents.

3. The prayer in the writ petition is to issue a Writ of Mandamus directing the 2nd respondent to allot seat to petitioner for Medical Courses (MBBS/BDS/BAMS) for the academic year 2019-2020 in the 3rd respondent college under Government Quota against Linguistic Minority (Telugu Minority) category after preparing separate merit list for students belongs to Linguistic Minority (Telugu Minority) in strict compliance of by strictly following the judgment passed by the Hon'ble Apex Court in DAR-US-SLAM EDUCATIONAL TRUST AND ORS -Vs- MEDICAL COUNCIL OF INDIA AND ORS(W.P.(C)No.267/2017).

4. When an identical issue came up for consideration before this Court, this Court has passed a detailed order rejecting the claim. The judgment passed by this Court in W.P.Nos.21960, 22253, 22444, 22465, 22473 and 23105 of 2019, dated 05.08.2019 squarely applies to this case.

5. Linguistic minorities cannot seek exclusive quota in the private college run by their Linguistic group, as far as the seats shared to the Government by the said Institute. Those seats are to be considered as seats in common pool, to be filled as per the state policy.

6. In the light of the judgment of this Court in W.P.Nos.21960, 22253, 22444, 22465, 22473 and 23105 of 2019, dated 05.08.2019, this Writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To:

1.The Secretary to Government(Education), Union of India, Chief Secretariat, Puducherry.

2.The Convenor, Centralised Admission Committee(CENTAC), Pondicherry Engineering College Campus, Puducherry 605 014.

3.The Secretary, Medical Council of India, Sector-VIII, Dwaraga Phase II, New Delhi 110 077.

+1cc to Mr.Prakash Adiapadam, Advocate sr.72862 W.P.No.24915 of 2019 and W.M.P.No.24515 of 2019 sv(co) nr 26/08/2019