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Extra seats for open category this year too

J. Venkatesan

NEW DELHI: The Supreme Court on Monday extended for 2006-2007 its 1994 order directing the Tamil Nadu Government to create extra seats in medicine, engineering and other courses to accommodate meritorious students in the "open category," affected by the 69 per cent reservation.

This is the 13th year in succession that the court has passed this interim order to benefit the "open category" students.

As per the 1994 order, the extra seats created will be equal to the number the "open category" candidates will get if the rule of 50 per cent reservation is applied as per the Mandal judgment.

The quota will not be affected by this order, as the extra seats will be in excess of the 69 per cent reservation. In the light of the order, the State Government will have to make admissions on the basis of the 69 per cent reservation.

Thereafter, it should prepare a list of candidates, with 50 per cent reservation, for the "open category" and create extra seats to accommodate those who would have secured admission had the 50 per cent reservation been followed.

A Bench consisting of Justices Arijit Pasayat and S.H. Kapadia gave this direction on an application from K.M. Vijayan, Trustee, Voice (Consumer Care) Council, seeking relief for 2006-2007 as was granted in the earlier years.

After hearing K.V. Mohan, counsel for the petitioner, and S. Balakrishnan, senior counsel for Tamil Nadu, the Bench said: "Without prejudice to the rights and contentions of the parties, the same order as was made for ... 2005-2006 shall be applicable to ... 2006-2007."

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