Sri Ram. A (Minor) Rep. By His Father And ... vs State Of Tamil Nadu, Rep. By The ... on 1 September, 2005
7. The State, which is running most of the professional colleges, is entitled to restrict the admission and distribute the seats equally from among the eligible candidates. For the said purpose, the State is empowered to identify the source of admission. The normal rule is merit-based admission. However, the State, in exercise of its legislative power, has enacted the Tamil Nadu Backward Classes Schedule Castes and Schedule Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994) providing 69% reservation to various communities and leaving 31% to open category. The power of the State to earmark certain number of seats under special category came up for consideration before a Full Bench of this Court in the decision in "M.Aarthi (Minor) rep. by her mother and natural guardian Mrs. M. Renuka and 2 Ors. v. The State of Tamil Nadu rep. by its Secretary to Government, Health & Family Welfare Department, Chennai and 11 Ors. (2002 (4) CTC 449)". By a majority, the Full Bench held that "other than the reservation 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 the executive power of the State no longer would be available to create additional special category seats or to add the quantum of reservation provided in the Act 45 of 1994". Even the reservation under the above categories, the right for reservation for physically handicapped viz., disabled persons could be traced to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. So far as the reservation of seats to sportsmen, children/grandchildren of ex-servicemen and Freedom Fighters is concerned, it would be only a concession extended to them by the Government.