ATTAVANAI ENA MAKKAL Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE appellant is a welfare organisation meant for the upliftment of Scheduled Caste people of Puducherry origin. A challenge was made by the appellant to the prospectus issued by the 3rd respondent in respect of clause (vi) pertaining to the admission to first year M.B.B.S. Course before the learned single Judge.

(2.) THE prospectus of 3rd respondent has been issued with respect to admission of 150 M.B.B.S. seats for the academic year 2014 -15. Of the said seats earmarked, 40 seats have been reserved for the residents of Puducherry. Of the said 40 seats, 6 have been earmarked for the Puducherry Scheduled Caste candidates. Apart from the same, 16 seats have been earmarked for the Scheduled Caste candidates on All India basis. The appellant has challenged the classification made with reference to Puducherry Scheduled Caste category which means "a candidate satisfying the definitions of Categories (iii) as well as iv (a)/(b)". For the sake of brevity, the relevant clauses are re -produced hereunder:

(3.) LEARNED counsel for the appellant and the 5th respondent submitted that the definition as mentioned in the impugned proceedings is contrary to the Presidential Order - Constitution (Pondicherry) Scheduled Castes Order 1964 issued under Article 341 of the Constitution. It is also contrary to the order dated 22.3.1977 passed by the Government of India. In support of the said contention, the learned counsels have made reliance upon the following decisions: