High Court · 2025

W.P.No.30298 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.09.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.30298 of 2025and W.M.P.Nos.34003, 34004, 34102 and 34103 of 2025Katta Bhavya Sree ... Petitioner-Vs-1. The Government of Puducherry, Health Secretariat, Represented by Its Under Secretary To Government (Health II), Health Department, Chief Secretariat, Puducherry 605 001.2. Government of Puducherry, Directorate of Higher and Technical Education, Represented By its Co-Ordinator-CENTAC Centralised Admission Committee (CENTAC), Medical Admission, Kamarajar Manimandapam Campus, Puducherry 605 008.3. The Director, Directorate of Health and Family Welfare Services, Puducherry.4. Indira Gandhi Medical College and Research Institute, (Government College) Kathirkamam, Puducherry 605 009. ... RespondentsPrayer : Writ Petition filed under Article 226 of Constitution of India praying Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.30298 of 2025for the issuance of a Writ of Certiorarified Mandamus, calling for the records from the first respondent relating to the proceedings of dated 08.08.2025 bearing Ref.No.Nil, seat Matrix for 2025-2026 and quash the same insofar as it earmarks one seat to EWS by diverting one seat from General Category of Yanam Region in the 4th Respondent College as illegal arbirary, malafide, contrary to Article 14 and 16 of the Constitution of India and consequently direct the respondents 1 to 4 to continue two seats for General Category of Yanam, allot seat meant for OBC to the -Petitioner in the 4th respondent College and to pass. (Prayer amended vide order dated 11.08.2025 made in W.M.P.No.34100 of 2025 in WP.30298 of 2025)For Petitioner : Mr.K.Srinivasa MurthyFor Respondents : Mr.J.Kumaran Additional Government Pleader (P) ORDERThis writ petition has been filed challenging the proceedings of the first respondent dated 08.08.2025, seat Matrix for the academic year 2025-2026, insofar as it earmarks one seat to EWS by diverting one seat from General Category of Yanam Region in the fourth Respondent College as illegal arbirary and malafide.2. Heard the learned counsel on either side and perused the materials available on record.Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.30298 of 2025 3. The petitioner was born in Yanam and she is coming under the Yanam region in Puducherry Union Territory. There is only one Government College available in Yanam. The petitioner, after completing her 12th standard, applied for MBBS seat in the fourth respondent Government Medical College through the second respondent. The petitioner belongs to Other Backward Community. The fourth respondent is earmarked for the candidates belonging to Yanam region. Out of 29% reservation to Backward Community, the respondents divided it into 11% to OBC and 18% to MBC. However, for the past eight years, the respondents had given one seat reserved for Backward Community of Yanam region that too only to the students belonging to MBC community. Therefore, the petitioner approached this Court in W.P.No.26167 of 2024 for allotment of seat to MBC ignoring the rights of the candidate belonging to OBC for Yanam region. Though this Court was not inclined to interfere with the allotment of seat to the 6th respondent, since the frame work of the reservation allotted to Yanam region as it is a policy decision of the Union, the first respondent was directed to revisit the policy in respect of Yanam, Mahe and Karaikal region. Aggrieved by the same, the petitioner preferred an appeal in W.A.No.3000 of 2024 and the Hon’ble Division Bench of this Court, by an order dated 20.11.2024 disposed of the writ appeal and the respondents were Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.30298 of 2025directed to earmark the seat for OBC category on rotation basis once in three years. Accordingly, for the academic year 2025-2026, the seat matrix for conducting counselling by the second respondent was issued.4. Though the present writ petition was filed for direction directing the respondents to provide reservation to OBC candidates belonging to Yanam region for MBBS seat in the fourth respondent College on rotation basis, after issuance of the seat matrix, for conducting counselling for the academic year 2025-2026, the petitioner filed a petition for amending the prayer to quash the seat matrix dated 08.08.2025, insofar as its earmarking of one seat to Economically Weaker Section by diverting one seat from general category of Yanam region in the fourth respondent College.5. The learned counsel for the petitioner would submit that there is absolutely no reason for taking away one seat from the general category and allotting to Economically Weaker Section. The petitioner, being the top among the OBC candidates, in view of the fallcy of the policy decision of the respondents, the opportunity of the petitioner to join MBBS course was deprived. The petitioner stands in Sl.No.276 under the category of OBC. Therefore, she was not selected for medical course in the Government College. Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.30298 of 2025If the seat is earmarked for General category, candidates form all category including OBC, SC, etc., can also get the benefit of the seat. Since the seat is now shifted to Economically Weaker Section, the candidates belonging to OBC, SC/ST etc, cannot get the seat.6. A perusal of the counter filed by the respondents and also on the submissions made by the learned Additional Government Pleader (Pondy) revealed that the Government of Puducherry issued an order vide G.O.Ms.No.99 dated 10.08.2006, thereby providing the special allocation of 18%, 4% and 3% for the candidates of Karaikal, Mahe and Yanam regions respectively in admission to various professional degree in various professional degree courses. The remaining 75% have been allocated to the Puducherry region. It was challenged and upheld by the Hon’ble Division Bench of this Court. The total sanctioned strength of medical seats in the fourth respondent College is 180, in which 15% viz., 27 number of seats are contributed to all India College. 22 seats have been earmarked under NRI quota. The remaining another 131 seats have been allotted under the State Government quota. 7. Accordingly, the seat matrix for the region of Yanam, there are totally four seats in which one seat is allotted under the general quota, one seat is Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.30298 of 2025allotted under the Economically Weaker Section, one seat is allotted under OBC and one seat is allotted under SC category. In fact, as per the order passed by the Hon’ble Division Bench of this Court in WA.No.3000 of 2024, one seat reserved for MBC was earmarked to OBC, once in every three years start from the academic year 2025-2026. Therefore, the next earmark will be in the academic year 2028-2029. Therefore, one seat is allotted under the category of Economically Weaker Section from the total number of four seats viz., 13 seats out of 131 seats. 8. Further, the regional reservation for admission of professional degree courses offered by the Government sponsored Colleges in the Union Territory of Puducherry was challenged and the Hon’ble Division Bench of this Court in the case of Federation of Puducherry Parents-Students affected by region wise reservation Vs. Government of Puducherry reported in 2010 5 CTC 385, upheld the regional reservation policy as far as Mahe, Yanam and Karaikal region. Insofar as the Puducherry region is concerned, the reservation policy was set aside. It means that other regions can also participate in the selection process for Puducherry region, since there is no regional reservation as far as the remaining 75% is concerned. Even then, the petitioner is not coming under the zone of consideration under OBC category.Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.30298 of 20259. In view of the above, this Court finds no infirmity or illegality in the proceedings of the first respondent dated 08.08.2025 for the academic year 2025-2026 and the writ petition is devoid of merits and is liable to be dismissed. 10. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 15.09.2025Internet: YesIndex : Yes/NoNeutral Citation: Yes/NoSpeaking/Non Speaking ordermnPage 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.30298 of 2025G.K.ILANTHIRAIYAN. J,mnTo1. The Under Secretary To Government (Health II), The Government of Puducherry, Health Secretariat, Health Department, Chief Secretariat, Puducherry 605 001.2. The Co-Ordinator-CENTAC Government of Puducherry, Directorate of Higher and Technical Education, Centralised Admission Committee (CENTAC), Medical Admission, Kamarajar Manimandapam Campus, Puducherry 605 008.3. The Director, Directorate of Health and Family Welfare Services, Puducherry.4. Indira Gandhi Medical College and Research Institute, (Government College) Kathirkamam, Puducherry 605 009.W.P.No.30298 of 202515.09.2025Page 8 of 8