CHENNAI: With every other move hitting a hurdle, the State government on Thursday issued a Government Order reserving 7.5 per cent undergraduate government medical seats for students who have studied in government schools from Classes 6 to 12 and cleared NEET.
As the Bill passed in the State Assembly in September is still pending with the Governor for his assent, the government said it had issued the order considering the “urgency to decide on the issue”.
The NEET-UG results were declared a fortnight ago and the admission process has already started. As per the order, the horizontal reservation will be provided within each category of the vertical reservation followed in the State.
The order said that since the State’s power to issue executive orders under Article 162 of the Constitution is co-extensive with legislative powers, pending decision of the Governor, the government has taken a policy decision to provide reservation.
Most parties in the State have welcomed the government’s move.
However, it’s unclear if the order will withstand judicial scrutiny. While the government has the legal ambit to pass such an order, it can easily be contested in court, says retired justice P Chandru.
“For instance, a student from a private school can legally contest for the seat obtained by a student of his same caste/community through the current quota, given the former has secured more marks in NEET,” says Chandru.
“Two students from the same community are considered socio-economically equal in front of law, unless one of them falls in the creamy layer. You cannot reserve seats within the same community simply because a student went to a government school.”
“Two equals cannot be treated as unequals legally,” says Chandru, adding that the order is likely to be quashed by the courts.
PK Ilamaran, leader of the Tamil Nadu Government Teachers Association, welcomed the order and said that it will significantly boost the morale of students from government schools.
Chief Minister Edappadi K Palaniswami said, “The Government Order for 7.5 per cent reservation has been issued with a view to establish social justice and fulfil the dreams of the government school students who have cleared NEET.
G.O. to give 300 seats to govt school students?
Most political parties in the State, including DMK and BJP, have urged the Governor to give his assent to Bill as it has been 45 days since it was first passed in Assembly.
The reservation will benefit government school students applying for UG medical, dental, ayurveda, siddha, unani and homeopathy courses.
The G.O. passed on Thursday, if executed in this year’s admissions, will ensure about 300 medical seats for students from government schools.
Students from government schools would also be entitled to compete for seats, other than those set apart on a preferential basis, along with students from private schools, according to the order.
The order was passed by health secretary J Radhakrishnan.
It will be applicable to students from government schools, including schools run by panchayats, municipalities and corporations, welfare schools for adi dravidar, tribals, kallar reclamation, BC, MBC and differently-abled, forest department and social defence department.
However, some members from private schools said it will give unfair advantage to students from government schools and said that the reservation should be extended to all students studying in Tamil medium schools.
UGC not in tune with Tamil Nadu decision on arrear exams
In an oral submission, the University Grants Commission informed the Madras High Court on Thursday that it was not in tune with TN govt’s decision to promote final year students who had arrears to clear this year
Governor bound by Constitution to decide ASAP
The Madurai Bench of Madras HC reiterated that the Governor should keep in mind the future of government school students and take a decision on NEET reservation Bill as soon as possible.
The judges, quoting Article 200 of the Constitution, said, “If a Bill is placed for assent, the authority
has to take a decision ‘as soon as possible.”