Case Law Details
Vinay Shanker Vs Union of India (Kerala High Court)
The writ petitioner seeks a direction to the 5th and 6th respondents to increase the number of seats to the Veterinary and Dental Courses so as to implement the reservation category of Economically Weaker Section and a further direction to respondents 5 and 6 to implement Ext.P4 office memorandum dated 17.01.2019 issued by the 1st respondent to the respective courses offered by respondents 5 and 6.
2. When this writ petition came up for consideration, this Court directed the 3rd respondent to get instruction. The 3rd respondent filed a counter affidavit. The relevant portion of the counter affidavit is extracted hereunder:
“3. It is submitted that the State Government has taken a policy decision to set apart 10% seats for persons belonging to Economically Weaker Section of the society in the matter for admissions in institutions including professional colleges under Higher Education Department. True copy of G.O (Ms) No.128/2020/H.Edn dated 20.03.2020 is produced herewith and marked as Exhibit R3(a). Accordingly this year 10% of seats are set apart for candidates belonging to EWS. So the apprehension raised in the Writ Petition that there will not be any reservation for Economically Weaker Section in the matter of admissions covered by the KEAM prospectus 2021 is baseless. There is nothing illegal in setting apart of 10% of the seats to EWS candidates as the total reservation will not exceed 50% of the total number of seats available.”
3. R3(a) is a Government Order passed on 20.03.2020 in which clause 5 is relevant and it is also extracted hereunder:
4. The learned Government Pleader submitted that Ext.R3(a) is a policy decision of the Government.
In the light of the affidavit of the 3rd respondent and in the light of Ext.R3(a) Government Order, I think no further clarity is necessary in this writ petition. Recording the affidavit and clause 5 of Ext.R3(a), this writ petition is closed.
