- (1.) We have heard Sri Ashok Desai for the government of Tamil Nadu and Sri Vaidyanathan for the petitioners today.
(2.) We have perused the affidavit filed by Dr Karuppa Swami today mentioning certain particulars. In the affidavit, it is stated that out of 161 seats allocated to all-India quota, only 24 seats were vacant as per the information furnished by the Deans of the respective medical colleges to the government. Since they were surrendered to the State government by the Director General of Health Services, they were filled strictly according to the merit by candidates from out of the O.C. merit list. It is, however, not stated as to how the resultant vacancies, if any, in the reserved categories were filled. In other words, some candidates out of 24 students admitted on the basis of merit from the O.C. merit list must have been admitted earlier under one or the other reserved quota. Since they were now admitted on the basis of their merit from out of the O.C. list, the seats earlier held by them would have fallen vacant. It is those vacancies which we called 'consequential vacancies' and we would like to know how they were filled. This should be done.
(3.) It is stated by Sri Desai today that 161 seats were deducted out of the total number of seats, i.e, out of 1072 seats and not from out of the O.C. quota alone as stated by Sri Sibal appearing for the government of Tamil Nadu on an earlier occasion and which statement of Sri Sibal was recorded by us. Sri Desai also stated that 54 seats towards special categories (like physically handicapped etc.) were also deducted from out of 1072 seats. This again is at variance with the information given and assertion made by Sri Sibal on the earlier occasion. An affidavit should be filed affirming the factual statement now made.;