V.Vijay vs Government Of India And Others

C. V. Karthikeyan, J

The Writ Petition has been filed in the nature of a Writ of Mandamus seeking a direction to the respondents to change the category of the petitioner from General to OBC in Application No.224010003024 in Roll No.TN02000104 for All India Ayush Post Graduate Entrance Test - 2022 for counselling of the years 2022 - 2023.

The learned counsel for the petitioner states that the petitioner belongs to the Hindu Vanniar Community, which is classified as a Most Backward Class Community. The Zonal Deputy Tahsildar had also issued a Community Certificate on 15.07.2021. On the basis of that particular Certificate, the petitioner had also obtained B.H.M.S. Certificate at Vinayaka Mission's Homeopathic Medical College & Hospital at Salem. The petitioner has now submitted his on-line application to All India Ayush Post Graduate Entrance Test - 2022.

The petitioner had unfortunately, when he received the Score Card on 09.11.2022, came to know that his Community has been categorized as General Community and not as a Most Backward Class Community or rather OBC.

This Writ Petition has been filed seeking to change that particular Category from General category to OBC category.

The Petitioner had given a representation on 10.11.2022 and since there has been no response, the present Writ Petition has been filed.

Notices had been directed and the learned counsels had entered appearance on behalf of the respondents.

Mr.K.Selvaraj, learned counsel relied on an earlier pronouncement of this Court wherein, such permission had been granted. But, however, a Caveat is placed by the learned counsel for the respondents that if such re-categorization is done from General category to OBC, then, it might affect the ranking of those who had originally been categorized as OBC. Even if the petitioner is placed in any position, there will have to be a readjustment of the candidates and this would be called in question by the other candidates who have already given application as OBC.

It is also stated that the petitioner on the basis of such re-categorization cannot take advantage to join or obtain seats in Government Colleges.

Learned counsel Mr.K.Selvaraj, however stated that the petitioner is interested only in joining Deemed Universities which offer such Post Graduate Course and therefore stated that re-categorization would not affect the Merit List of those who are already categorized as OBC and ranked according to the Merit List.

In view of the submissions made, the following directions are issued.

The 1st and 2nd respondents may examine the marks obtained by the petitioner herein and further examine whether owing to re-categorizing the petitioner from General to OBC, there would be a general shift in the rankings already made.

If there would be a shift in the rankings already made, then, the petitioner can be accommodated in the last rank in the OBC category.

This re-categorization should not affect any of the rankings already made to the candidates in OBC category.

The petitioner on the basis of OBC category may apply for a seat in any Deemed University. This re-categorization can be used for obtaining seats only in Deemed Universities and not in any Government College.

With the above observations, the Writ Petition stands disposed of. No order as to costs. Consequently, the connected miscellaneous petition stands closed.