Backward Class (BC) candidates selected under the Open Category (OC) category are entitled to opt for admission in OC as well as BC seats in government medical colleges of their own choice, the Madras High Court has observed.
“The BC candidates who got selection under OC category cannot be penalised for having been selected under OC category in case no OC vacancy is available in reputed colleges of their choice. They can opt for colleges where BC vacancies are available and the same would be only for choosing the college and not for selection/admission,” Justice N Paul Vasanthakumar observed while dismissing a writ petition from Jenitha Jeba Roopa. Roopa, belonging to BC community, was given admission in a self-financing medical college. She challenged the selection and admission and prayed for admitting her in any one of the government colleges.
Her counsel K Selvaraj contended that the candidates belonging to BC community, selected in OC category, were counted in BC vacancies and, therefore, Roopa’s claim under BC category was not considered for selection in government medical colleges. If the BC candidates selected under OC category were not counted under the BC community reserved category, petitioner would be entitled to get a seat in any one of the government medical colleges as she has secured 197.25 marks.
Additional Advocate General PH Aravind Pandian submitted that by applying 31 per cent reservation for OC candidates, 565 students were selected on merit and candidates belonging to BC community numbering 358 were selected under open category solely on the basis of merit. The cut off marks for open category candidates was 198.50 out of 200. Thereafter, 483 BC (general) community candidates were selected. Totally, 841 BC candidates were selected for admission. No violation of reservation was made by the selection committee, he added.
The judge said the petitioner’s rank in BC category being 927, she had no scope for getting admission in any government medical college as the cut off marks for BC candidates selected under BC category was indisputably 197.50 and the petitioner’s mark was 197.25.
Citing a judgment of the SC, the judge held that there was no illegality in accommodating the BC candidates in OC vacancies only for selection of colleges and not for admission. “In this case, as long as the petitioner has not reached her turn for selection, no prejudice is caused to her,” the judge said.