: In relief to a three-year LLB course aspirant belonging to the open category who did not receive a call letter, the Madras High Court has directed the Tamil Nadu Dr. Ambedkar Law University to consider admitting her against vacancies that might arise in the reserved categories.
“Non-availability of a particular candidate in the reserved category normally will create a vacancy, which will ultimately go waste. Hence, instead of allowing such thing to happen, we are of the view that if the petitioner is found otherwise eligible, she shall be accommodated in the seat, which will not be against the reservation policy or quota or causes any prejudice to others..,” a Division Bench, comprising Justices Huluvadi G. Ramesh and V. Parthiban said, while disposing of plea.
Petitioner K. Priyavarshini stated that she applied for the course in the university under the open competition category and stood at No. 22.
While 21 candidates above her were issued a call letter for attending the counselling for admission into the course, she did not receive it.
Since admission into the course for 2016-2017 under the general merit (open competition) category was over, the counsel for the petitioner contended that she should be accommodated in the seat which went “waste or if any seat remained vacant.”
When asked for a comment on the verdict, retired High Court judge Justice K. Chandru said while reservation was to be considered in terms of posts and vacancy in case of government service, it worked differently in case of admission into educational institutions.
‘Vacancy carried forward’
“In case of government service, the vacancy can be carried forward and could be filled later on through reservation registers and roster registers.
“But in case of admission into educational institutions, it is time-bound and have to be filled in the same academic year.
The officials are well within their rights to consider a general category candidate for reserved seats in case a reserved seat fell vacant,” he said.
Politician and Dalit rights activist D. Ravikumar, who is also general secretary of Viduthalai Chiruthaigal Katchi, however, felt the High Court order was against the spirit of reservation policy.
“They cite seats going vacant as a reason to fill up reserved seats with general candidates.
“Instead, they should maintain a list of waiting-list reserved candidates to fill up these seats.”
Recalling that he had raised the issue in the Assembly when he was a legislator, he said there should be transparency in the way reserved seats are filled.
