Lawstreet Journal

Allocating 7.5% Of Medical Seats To Govt School Students Is Not A Matter Of Reservation, But Of Institutional Preference: Tamil Nadu To Madras High Court

Lawstreet Journal 24 Mar 2022 8:24am

Image courtesy: Lawstreet Journal Executive Allocating 7.5% Of Medical Seats To Govt School Students Is Not A Matter Of Reservation, But Of Institutional Preference: Tamil Nadu To Madras High Court

The State Higher Education Department argued that the State Act enabling horizontal reservation of 7.5 percent seats in medical colleges for students graduating from government schools could not be considered "community reservation" in a lawsuit challenging its constitutionality.

Senior Counsel P. Wilson argued in written submissions to the Court  that the allocation of 7.5 percent seats for students from Government Schools is not a "reservation," but rather a "source of admission" for which the state is empowered under Entry 25, List Ill of the Constitution's Seventh Schedule.

NOT COMMUNAL RESERVATION

Only Government Schools and Private Schools are classified under Sections 2(c) and 2(h) of the impugned Act.[1]

“These two categorizations are separate sources of entry/admissions into the various government seats to be filled up in various Medical institutions in the State. Out of two sources, one such source is the government schools which is given with 7.5% preferential admissions”, it is stated therein.

In Katra Educational Society v. State of Uttar Pradesh & Ors., the counsel argued that such classification of separate sources of entry/admission is based on an intelligible differentiation (1966). 

Furthermore, the Supreme Court judgements in K. Duraiswamy v. State of Tamilnadu[2]  and State of Madhya Pradesh v. Gopal D. Tirthani and Ors [3]were mentioned to explain  that such preferential treatment for Post Graduate In-Service Candidates had been approved by the supreme court.

In K. Duraiswamy, the apex court had noted as below:

“...That apart where the scheme envisaged is not by way of… Continue Reading...


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