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| Friday, July 20, 2007
Bench upholds single judge’s ruling
- Grandchildren of freedom fighters not eligible for medical seats under special quota
Madurai: A Division Bench in the Madurai Bench of the Madras
High Court on Wednesday upheld a single judge’s ruling
that grandchildren of freedom fighters are not eligible for
allotment of medical seats under the special quota.
The First Bench, comprising Chief Justice Ajit Prakash Shah
and Justice P.D. Dinakaran, said they were in agreement with
the view taken by Justice K. Chandru that only children and
not grandchildren could be accommodated under the quota for
MBBS seats.
Dismissing a writ appeal, the Bench said: “If the State
takes a decision not to extend the benefit under the special
category to grandchildren and other descendants, it cannot be
said to be unreasonable. The State is under no obligation to
widen the net.”
It further said the rationale behind the quota as explained
by the Supreme Court in M. Satyanarayana versus State of Karnataka
(1986) would not apply to grandchildren and great grandchildren.
“Those who are political sufferers undergo certain disadvantages
and pass on such disadvantages to their children. These children
will be in a worse position than the children of those who are
not political sufferers for the purpose of taking adequate education,
attention, etc. because their parents might have languished
in some prison or might have been deprived of their property,”
the apex court judgement read.
The Bench also recalled that a similar ruling passed by Justice
Prabha Sridevan in 2004 was subsequently upheld by a Division
Bench.
Courtesy: The Hindu
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