LexS. SATHYAPRIYA ETC. ETC. versus STATE OF ANDHRA PRADESH ETC. ETC.
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S. SATHYAPRIYA ETC. ETC. v. STATE OF ANDHRA PRADESH ETC. ETC. AUGUST 18, 1994 [B.P. JEEVAN REDDY AND SUHAS C. SEN, JJ.] Constitution of lndi~rt. 15-Reservation-l'rofessional courses-Ad- mission to-Directions to State of Tamil Nadu-lssued. A B Education-Higher Education-Admission to Professional courses in C the State of Tamil Nadu-Directions issued. In these contempt petitions, in' continuation of Its orders dated August 1, 1994, this Court further Directed : 1. On account of the application of 69% reservation provided by the D Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats In educational Institutions and of appointment or posts In the service under the State) Act, 1993, 62 candidates are said to have been deprived of admission In spite of their merit. These 62 can· dldates would have been admitted If the rule of 50% had been followed. Of E these 62 candidates, 36 belong to 'other communities' and 26 belong to Backward Classes category. (725·E·FJ 2. The 161 seats meant for All India merit quota are not yet Oiied up. This Court does not know whether all the seats will be Died up by the students allotted by the appropriate authority against that quota or any F seats will be left vacant and surrendered to the State Government. Secon· dary, the 54 seats earmarked to be Died up from among the members of the special categories are deducted from the total number of seats. (these 54 seats are In lieu of 5% reservation In favour of certain special categories in Tamll Nadu.) This 5% reservation for the said special categories cannot G be in addition to 69% reservation, Whereas 69% reservation is under Article 15(4) of the Constitntion, the 5% reservation for special categories is under Article 1S(1). As held in Indira Sawahney v. Union of India, [1992] Supp, 2 SCR 454, the seats reserved under Artlde 15(1) corresponding to Article 16(1) should have to be spread across the social reservation categories. In other words, while the reservations made under Article 15(4) H 721 722 SUPREME COURT REPORTS (1994] SUPP. 2 S.C.R. A can be broadly described as vertical reservations, the reservations provided under Article 15(1) can be described as horizontal reservations. The students admitted agains1t horizontal reservation (5% quota in this case) will necessarily belong either to open competition category or to the BC/MBC/SC/ST category. Once selected they have to be adjusted against B their respective quota prescribed under Article 15(4). Thus, in law, these 54 seats must also be deemed to be now available. The students who will b e admitted against these 54 seats will have to be spread across the appropriate categories as mentioned above, which would necessarily mean elimination of some stud1mts at the bottom of the respective OC/BC/MBC/SC/ST list to the extent necessary. At this stage, however, this C Court is not inclined to cancel any of the admissions already granted. Nor is it proposed to interfere with the method adopted by the respondents in filling up these 54 seats at this stage though it means a total reservation of 69 + 5 = 74% reservation. [72.5·H, 726-A-D] 3: In the case of Ramacbandra Medical College, it was directed in D another application that for the current academic year (1994-95), the free seats quota shall be 60% and payment quota 40%. In the statement filed by · 'the State of tamil Nadu, the free seats in this College are taken only as 50. 10 More seats will thus be available against free seats category in this college. Accordingly, the Government of Tamil Nadu is directed to create E 52 extra seats In the government medical college for the current academic year 1994-95. The Medical Council of India and other appropriate authorities shall for with grant the necessary permission for this enhanced capacity for ~s years. As agai1mst these 52 seats plus 10 seats available in Ramachan~ Medical College-a total of 62 seats-62 students out of the consolidate,d merit list shall be admitted. In other words, candidates from F S. No. 301 lin the consolidated merit list) onwards, excluding those already admittedunder one or the other reserved category, shall be admitted upto 62 candidates. Arter admitting them, the respondents shall file a statement giving full particulars of the 61. candidates so included including their marks, their posltion:l.n the Merit List and their social status. G (726-F-H, 727-A) 4. If any
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