Madras High CourtWP/223/2020disposed of

N.Murugesan v. The Director

2024-01-02Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Murugesan : Petitioner versus 1.The Director, The Directorate of Medical Education Kilpauk, Chennai 600010 2.The Principal Secretary, Health and Family Welfare Department, Secretariat, St.George Fort, Chennai 600009 3.The Secretary, Tamil Development Department, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai 600009 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 02.11.2019 and 11.12.2019 and reserve minimum 5% MBBS seats in Tamil Nadu Government Medical Colleges to the students those who studied in Tamil medium in school and passed in NEET examination, from the academic year 2019-2020.

For the Petitioner :

Mr.C.D.Johnson For the Respondents :

Mr.P.Muthukumar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.D.Johnson, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, appearing for the respondents.

2. The learned counsel for the petitioner submits that the petitioner has given representations on 02.11.2019 and 11.12.2019. The purport of the representations is to reserve minimum 5 percentage MBBS seats in the Tamil Nadu Government Medical Colleges to the students who have studied in Tamil medium in school and passed in NEET examination from the academic year 2019-2020.

3. To provide for a particular reservation is a matter of policy. The percentage of reservation also cannot be acceded with. Reservation is provided under the Constitution and the statutes. It would not be for the Courts to direct the Government to provide a

particular reservation de hors the statute and/or the regulations. The petitioner may prosecute his representations as may be permissible under law.

4. The writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index : Yes/No : Yes/No tar To 1.The Director, The Directorate of Medical Education Kilpauk, Chennai 600010 2.The Principal Secretary, Health and Family Welfare Department, Secretariat, St.George Fort, Chennai 600009 3.The Secretary, Tamil Development Department, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai 600009

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 02.01.2024