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The Chief Secretary vs D.Kuralarasan (M-19) on 19 August, 2021 cites

Union Of India & Ors vs M. Selvakumar & Anr on 24 January, 2017

16.It is the policy of the Government to give special reservation as approved by the Hon'ble Apex Court in the case of Union of India v. M.Selvakumar reported in (2017) 3 SCC 504. The policy as spelled out in G.O.Ms.No.1142, Health and Family Welfare Department, dated 30.06.1979 gives equal preference to the children of ex/deceased/serving defence service personnel by providing two https://www.mhc.tn.gov.in/judis/ 13/18 W.A.(MD).No.610 of 2019 & W.P.(MD).Nos.14119 & 14128 of 2020 seats for each category in the year 1979. The aforesaid policy is very reasonable and fair giving equal opportunity to students belonging to all the three categories, however the reservation for the children of serving personnel has been deleted through G.O.(2D).No.23, Health and Family Welfare (MCA-1) Department, dated 28.05.2004 and the special reservation is confined only to Physically Handicapped, Eminent Sports persons, Children of Freedom Fighters and Children of Ex-servicemen. Further, vide G.O.(Ms).No.16, Health and Family Welfare (MCA-1) Department, dated 22.01.2015, the Government enhanced the number of MBBS seats earmarked for the children of ex-service personnel from 2 to 5 seats from the year 2015-16 and again the same has been enhanced to 11 seats through G.O.(D).No.977, Health and Family Welfare (MCA-1) Department, dated 01.06.2018 from the year 2018-19 which is impugned before this Court. When the total number of seats were in 100's during the year 1979, 6 seats were given to the children of ex-service personnel, whereas every year, new medical colleges are being established in Tamil Nadu and at present, Tamil Nadu has about 26 medical colleges having 3650 seats in Government medical colleges and 1147 Government quota seats in private medical colleges, totalling 4797 medical seats, out of which 15% is reserved for Central Government quota and the balance is left to the State quota. Therefore, 11 seats available for the children of defence personnel are inadequate and the same is required to be increased as has been done by other States namely, Karnataka, Telangana, Punjab, Kerala and Andhra Pradesh. https://www.mhc.tn.gov.in/judis/ 14/18 W.A.(MD).No.610 of 2019 & W.P.(MD).Nos.14119 & 14128 of 2020
Supreme Court of India Cites 20 - Cited by 33 - A Bhushan - Full Document

M. Aarthi (Minor) Rep. By Her vs The State Of Tamil Nadu on 1 November, 2002

8.Though the State Government would argue that because of the larger bench judgment in the case of M.Arthi (Minor) v. State of Tamil Nadu and two others in W.A.No.3221 of 2002, the Government is not in a position to extend the reservation benefits to the children of serving defence personnel, a detailed analysis of the said judgment would reveal that the question before the Court in that case was with regard to the reservation made to the children born of inter- caste marriage. In paragraph 26 of the aforesaid judgment, it was specifically stated that the only issue which was dealt with was regard to the Horizontal reservation made in respect of the children born out of inter-caste marriage and the other categories of reservation were not opened. Therefore, the decision of the State Government to delete the reservation given to the children of serving https://www.mhc.tn.gov.in/judis/ 10/18 W.A.(MD).No.610 of 2019 & W.P.(MD).Nos.14119 & 14128 of 2020 defence personnel is not sustainable.
Madras High Court Cites 21 - Cited by 8 - R J Babu - Full Document

Master Harshil Anand vs Uoi & Ors. on 26 October, 2016

15.The learned Single Judge also relied upon the Division Bench Judgment of the Delhi High Court made in the case of Master Harshil Anand v. Union of India reported in (2016) 160 DRJ 268 to hold that the University cannot reclassify or alter the category of reservation which has been recommended by the Ministry of Defence, having accepted to implement it. Therefore, the Government of Tamil Nadu cannot restrict any category of persons who are eligible for reservation as per the Communication dated 30.11.2017.
Delhi High Court Cites 4 - Cited by 7 - S D Sehgal - Full Document
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