JUDGEMENT
Subhro Kamal Mukherjee, J. -
(1.) This is an appeal against the order dated
August 05, 2004 passed by the learned Single Judge of this Court in WP No.
128 of 2004. By the order impugned, the learned Single Judge rejected the writ
petition filed by the appellant-petitioner holding, inter alia, that the action of
the respondents in not accepting the application of the writ petitioner, for
admission in medical courses in the institutions on the mainland for the year
2004-2005, was justified.
(2.) In the Andaman and Nicobar Islands several categories of persons are
residing. Quotas were fixed for the persons residing in the islands for the purpose
of admission to engineering and medical courses. There has been a long-standing
dispute between the residents and, ultimately, pursuant to an order passed by
this Court in C.O. No. 11514 of 1995, the Secretary, Ministry of Home Affairs,
Govt. of India issued an order dated May 30, 1996 laying down the criteria for
the allotment of professional/technical and non-technical reserved seats to
various categories of students.
(3.) The allocation of seats to various categories with effect from the 1996
academic session is as under:
(i) Tribals
(ii) Deputationists and Central Government employees with transfer
liability to serve outside the Union Territory.
(iii) Settlers, who have settled prior to 1942 and who have settled under
various rehabilitation schemes introduced after re-occupation of the
islands.
(iv) Other locals who do not fall under category I, II or III above and such
Central Government employees having no transfer liability to serve
out the Union Territory.
(v) Merit candidates.;
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