Pondicherry DMK approaches High court seeking to implement reservation in MBBS course for students of UT full affidavit copy
(SPECIAL ORIGINAL JURISDICTION)
W. P. No. Of 2020
R. Siva,
S/o Raghavan,
Puducherry State Organising Secretary (South),
DRAVIDA MUNNETRA KAZHAGAM,
No.9, Kulakarai Street,
Calve Bungalow,
Govindasalai,
Puducherry – 605 011. …Petitioner
Versus
The Union of India,
Represented by the Secretary to Government,
Ministry of Health & Family Welfare,
Nirman Bhawan,
New Delhi – 110 011.
The Director General of Health Services,
Directorate General of Health Services,
Room No.446-A, Nirman Bhawan,
New Delhi – 110 011.
The Secretary to Government,
Ministry of Human Resource Development,
No.1, West Block,
Rama Krishna puram,
New Delhi – 110 066.
The Secretary to Government,
Ministry of Social Justice & Empowerment,
Shastri Bhawan,
New Delhi – 110 001.
Medical Council of India,
Represented by its Secretary,
Pocket -14, Sector -8,
Dwarka Phase -1,
New Delhi – 110 077.
Dental Council of India,
Represented by its Secretary,
Aiwan E GalibMarg,
Kotla Road, Temple Lane,
Opp. Mata Sundari College for Women,
New Delhi – 110 002.
The National Board of Examinations,
Represented by its Chairman,
Medical Enclave,
Ansari Nagar Ring Road,
New Delhi – 110 029.
The Chief Secretary to Government,
Government of Puducherry,
Puuducherry.
The Secretary to Government,
Department of Health & family Welfare,
Government of Puducherry,
Puducherry.
The Centralized Admission Committee,
Represented by its Member Secretary,
Puducherry. …Respondents
AFFIDAVIT OF THE PETITIONER
I, R. Siva, S/o Raghavan, Hindu, aged about 50 years, Puducherry State Organising Secretary (South), DRAVIDA MUNNETRA KAZHAGAM, residing at No.9, Kulakarai Street, Calve Bungalow, Puducherry – 605 011 do hereby solemnly affirm and sincerely state as follows:-I am the Petitioner herein and I am filing the present Writ Petition in the public interest and as such I am well acquainted with the facts and circumstances of the case.
I state that I am member of “Dravida Munnetra Kazhagam” Political Party strictly adhering to principles of Social Justice with its Ex-President Dr.Kalaignar M.Karunandhi emerged and portrayed as doyen of Social Justice and the said legacy is carried by the incumbent President Thiru MK.Stalin. I am appointed as state organisation secretary (south) of the Dravida Munnetra Kazhagam, which is front runner of social justice movement is state of Tamil Nadu as well as the Union Territory of Puducherry. I contested the 2016 General Elections for Puducherry Legislative Assembly from Orleanpet Constituency as “Dravida Munnetra Kazhagam” officially declared party candidate and emerged victorious in the said Elections. With victory in the said elections, I have sworn in as Member of Puducherry Legislative Assembly for the fourth time. I am filing this present Public Interest Litigation in my capacity as member of Public Spirited Political Party and member of Puducherry Legislative Assembly and I have no vested interest in the present lis. I submit that my Permanent Assessment Number (PAN) BBHPS 6017C is and Aadhar Number is 786605232935. The costs for filing the present Petition which includes professional fees and expenses are borne out of my personal funds. I undertake to pay such costs as may be imposed by this Hon’ble court in the event of holding that the present petition is bereft of merits, vexatious or frivolous. I state that this is the only public interest litigation pertaining to the present subject matter and relief filed by me and no other petition of similar nature is pending elsewhere at the instance of the Petitioner herein.
I state that the present Writ Petition is filed seeking direction to the Respondents herein to implement reservation policy of the Union Territory of Puducherry in respect of All India Quota Seats surrendered by the Medical/ Dental Institutions of Union Territory of Puducherry while drawing up merit list for admission to Medical UG/PG Courses and Dental Courses for the academic year 2020-2021.
I state that the Union Territory of Puducherry has well established infrastructure for health care having eight Medical colleges (Government – 1 & Private – 7) and four Dental colleges (Government-1 & Private – 3) on its roll, besides having following Government Hospitals – Indira Gandhi Government General Hospital and PG centre, Rajiv Gandhi Women and Child Hospital and a good number of sophisticated private hospitals, catering the healthcare needs of the people of Union territory of Puducherry and people from surrounding districts of TamilNadu. The Medical and Dental colleges in Union territory of Puducherry are listed hereunder
MEDICAL COLLEGES:-
(i) Indira Gandhi Medical College & Research Institute
(ii) ArupadaiVeedu Medical College & Hospital
(iii) Mahatma Gandhi Medical College & Research Institute
(iv) Pondicherry Institute of Medical Sciences
(v) Sri Lakshmi Narayana Institute of Medical Sciences
(vi) Sri ManakulaVinayagar Medical College and Hospital
(vii) Sri Venkateshwara Medical College & Research Institute
(viii) Vinayaka Mission’s Medical College & Hospital, Karaikal
DENTAL COLLEGES :-
(i) Mahatma Gandhi Post Graduate Institute of Dental Scienes
(ii) Indira Gandhi Institute of Dental Sciences
(iii) Mahe Institute of Dental Sciences, Mahe
(iv) Sri Venkateshwara Dental College
I state that following the constitutional mandate of providing reservation for the Socially and Educationally backwards community people, the Government of Union Territory of Puducherry had provided for Reservation Policy for various categories of people as Vertical reservations for admissions in Educational Institutions within the Union territory of Puducherry and the particulars of quantum of such reservation is as follows:-
Scheduled Castes – 16%, Schedule Tribes – 0.5%, Other Backward Castes – 11%, Backward Class Muslims– 2%, Extreme Backward Class – 2%, Most Backward Class – 18%, Backward Tribes – 0.5%.
I state that in consonance with the regulation of the Governing Bodies of Medical Education and Dental Education i.e Respondents 5 & 6, the following percentage of seats has to be surrendered to the Central government as All India Quota Seats – 15% of Undergraduate Medical and Dental Courses, 50% of Post Graduate Medical and Dental Courses and all seats of Deemed University. In so far admission to the above mentioned All India Quota seats surrendered by the sponsoring state i.e Government of Union territory of Puducherry is 2nd Respondent herein as per the regulations of the respective Governing bodies. In so far the rest of the seats is concerned, the authority responsible for admission under Government Quota seats in Union territory of Puducherry is 10th Respondent herein. In so far the seats filled by the 10th Respondent herein is concerned, for availability reservation benefits, the candidates, besides being member of the caste falling within the respective category of reservation, should also be residents of Union territory of Puducherry.
I state that the Undergraduate Medical Course is regulated by the 5th Respondent herein by virtue of Regulations of Graduate Medical Education, 1997 and by operation of Regulation 5 (5), it is mandated that the reservation of seats in Medical colleges for respective categories shall be as per applicable laws prevailing in States and Union territories. Similarly, the Post graduate Medical Education is regulated by the 5th Respondent herein by virtue of Post Graduate Medical Education Regulations, 2000 and by operation of Regulation 9 (iv), it is mandated that the reservation of seats for post graduate courses in Medical colleges for respective categories shall be as per applicable laws prevailing in States and Union territories. By mere surrender of seats to the central pool as All India Quota seats does not mean that the reservation on those seats are dispensed with. The same could be substantiated from operation of Central Educational Institutions (Reservation in Admissions) Act, 2006, by which the Central Government had implemented 27% reservation for Other Backward Castes is so far admission in Educational Institution that are either centrally administered, or created by the law of Parliament or Central University. This anomaly of not extending the reservation benefits in so far as All India Quota seats surrendered by the sponsoring state i.e Government of union territory of Puducherry, despite statutory backing, is nothing but height of arbitrariness and denial of social justice, clearly offending the right of equality of those eligible Socially and educationally backward communities guaranteed under Article 14 (as rest of seats enjoys reservation benefits), and Right of Reservation as protected under Article 15 of Constitution. . Hence, the present Writ petition is filed in the interest of general public.
Having left with no other alternate, speedy and efficacious remedy, I am invoking the jurisdiction of this Hon’ble court under Article 226 of Constitution of India for the following among other
GROUNDS
(i) The act of the Respondents in not implementing the reservation scheme stands against the constitutional mandate and the same deprives the rights of the beneficiary students.
(ii) By operation of Regulation 5 (5) of Regulations of Graduate Medical Education, 1997 and Regulation 9 (iv) of Post Graduate Medical Education Regulations, 2000, it is mandated that the reservation of seats in Medical colleges for respective categories shall be as per applicable laws prevailing in States and Union territories.
(iii) By mere surrender of seats to the central pool as All India Quota seats does not mean that the reservation on those seats are dispensed with. The same could be substantiated from operation of Central Educational Institutions (Reservation in Admissions) Act, 2006, by which the Central Government had implemented 27% reservation for Other Backward Castes is so far admission in Educational Institution that are either centrally administered, or created by the law of Parliament or Central University.
(iv) The anomaly of not extending the reservation benefits in so far as All India Quota seats surrendered by the sponsoring state i.e Government of union territory of Puducherry, despite statutory backing, is nothing but height of arbitrariness and denial of social justice, clearly offending the right of equality of those eligible Socially and educationally backward communities guaranteed under Article 14 (as rest of seats enjoys reservation benefits), and Right of Reservation as protected under Article 15 of Constitution.
I state that it is pathetic to note that the Respondents 1 & 2 herein were not implementing the OBC reservation in the All India Quota Seats during the past years and the same had resulted in serious denial of social justice to those weaker sections i.e socially and educationally backward communities. The same anomaly continues for the present academic year 2020-2021 and therefore grave injustice is perpetrated upon the students of socially and educationally backward communities of the Union Territory. The said people would have benefitted by implementation of reservation policy of the concerned state, much less 27% OBC reservation as implemented with respect to seats in Centrally Administered Educational Institutions. In the said circumstances unless this Hon’ble court grants an Order of Injunction restraining the Respondents 1 to 7 herein from proceeding further with the admission of All India Quota seats, pending disposal of the Writ Petition, the rights of many beneficiary students would be put to serious prejudice and untold hardships. I reserve my rights to file additional affidavit and additional documents in support of my claim at later point of time.
It is therefore prayed that this Hon’ble court may be pleased to grant an Order of Injunction restraining the Respondents 1 to 7 herein from proceeding further with the admission of seats of the All India Quota of Under-graduate and Post graduate Medical and Dental Courses surrendered by the Medical and Dental Educational Institutions within the Union Territory of Puducherry without following/ implementing the Reservation Policy as prevalent in the Union Territory of Puducherry on the aforesaid seats, pending disposal of the above Writ Petition and thus render justice.
It is therefore prayed that this Hon’ble court may be pleased to issue a Writ or Direction or Order or any other Writ in the nature of Writ of Mandamus directing the Respondents 1-7 herein to implement the Reservation Policy as prevalent in the Union Territory of Puducherry in so far as the All India Quota seats of Under-graduate and Post graduate Medical and Dental Courses surrendered by the Medical and Dental Educational Institutions within the Union Territory of Puducherry while drawing up merit list for the aforementioned seats and pass such further or other orders as this Hon’ble court may deem fit and necessary in the facts and circumstances of the case.
Solemnly affirm at Puducherry ]
This the 19th day of June, 2020 ] BEFORE ME
And signed his name ]
In the presence ]
ADVOCATE :PUDUCHERRY
