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Abstract
Law Department - Legal Studies - Special Reservations in the Law Colleges for the year 2003-2004 - Judgement of the Hon'ble High Court of Madras in W.A. No. 3221 of 2002 and W.A.M.P.No. 5348 of 2002, etc. - Orders - issued. LAW (LS) DEPARTMENT
G.O.Ms.No. 251 Read:
1. Judgement of the Hon'ble High Court of Madras dated 1.11.2002 in W.A. No. 3221 of 2002 and W.A.M.P.No. 5348 of 2002, etc. 2. G.O.Ms. No. 198, Higher Education, dated. 30.5.2003. ----- ORDER: Over the years, Government have issued orders setting apart certain number of seats in educational institutions to specified categories terming it as Special Reservations over and above the sanctioned strength.
2. The Five Judges Bench of the Hon'ble High Court of Madras while delivering its judgement on 1.11.2002 in W.A.No. 3221 of 2002 and W.A.M.P.No. 5348 of 2002, etc. relating to the case of reservation made for the children born to intercaste married couple, has observed as follows:- "Reservation of several kinds like widows, deserted women and any candidate whose parent has suffered for the cause of development of Tamil and contributed towards the protection etc., are quite untenable. They do not have any constitutional or legal sanction. But we are not dwelling on that as they have not been questioned here and as the admissions to that category have already been completed. Other than the reservations in Tamil Nadu Act 45 of 1994, what is permissible is only for Physically Handicapped, Eminent Sportsmen, Children of Freedom Fighters and Children of Ex-Servicemen being horizontal reservation and not vertical. The state has to bear this in mind in future."
3. Following the above orders of High Court, and after obtaining the opinion of Additional Advocate General of Tamil Nadu, Higher Education Department has issued orders in G.O. second read above making reservations in Engineering Colleges to the following categories as detailed below. 1. Physically Handicapped
- 3% and that department has requested this department to issue similar separate orders for making suitable reservations in the law colleges in the U.O. Note third read above. 4. The Government after careful consideration have decided to make reservations in Law Colleges based on the orders of the High Court referred to in para 2 above. The Government accordingly direct that subject to the outcome of the Special Leave Petition filed before the Supreme Court of India, reservation for admission to the Law Colleges for the year 2003-04 may be made as detailed below on horizontal basis, within the Reservation contemplated by Tamil Nadu Act 45 of 1994: 1. Physically Handicapped - 3% 2. Eminent Sports persons - 11 seats for 5 years course. (International/National/State Level participations) 10 seats for 3 years course. 3. Children of Freedom Fighters - 1% 4. Children of Ex-servicemen - 1% 5. The Tamil Nadu Dr. Ambedkar Law University is requested to take necessary action as per the orders issued in para 5 above. (BY ORDER OF THE GOVERNOR)
A.KRISHNANKUTTY
NAIR, To The Registrar, Tamil Nadu Dr. Ambedkar Law University, Chennai - 28. The Secretary to Government, H&FW dept. Chennai - 9. The Director of Legal Studies, Chennai - 35. Copy to: The Secretary to Government, Hr. Education (Collegiate Education) dept.,Chennai - 9. The Secretary; to Government, AD&TW dept., Chennai - 9. The Secretary to Government, BC&MBC dept., Chennai - 9. The Secretary to Government, Public dept, Chennai - 9. The Secretary to Government, L&E dept., Chennai - 9. The Secretary to Government, AH&F dept., Chennai - 9. The Secretary to Government, Agriculture Dept., Chennai - 9. The Director of Legal Studies, Chennai - 35. /forwarded/by order/
SECTION OFFICER.
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