1. In pursuance of the order dated November 22, 1993 certain information in the shape of a Note has been placed before us by Shri Ashok Desai, learned counsel appearing for the State of Tamil Nadu. The Note is neither signed nor verified by any responsible officer of the Government. Be that as it may, we make the said Note a part of the record

2. We have also heard Shri Ashok Desai for the Government and Shri Vaidyanathan for the appellants. Having regard to the material placed before us and the arguments advanced, we make the following directions

1. The Government of Tamil Nadu shall file an affidavit of the officer who is stated to have understood our order dated November 5, 1993 as authorising the Government of Tamil Nadu to fill up the consequential vacancies in the reserved categories from out of the candidates in the waiting lists pertaining to those categories alone, without reference to the order dated August 24, 1993. The affidavit shall also explain as to why it was not thought proper to approach this Court for appropriate directions with respect to the manner in which the said consequential vacancies should be filled - particularly having regard to the fact that as many as 55 consequential vacancies are said to have arisen in the reserved category. Pausing here for a moment, we may explain the context in which the above direction is made : It is stated that in the 6% additional seats created its Government Medical Colleges pursuant to our order dated November 5, 1993 , 64 students belonging to open category were admitted according to their merit inter se. But it so happened that 55 out of the 64 students belonged to reserved categories who were earlier admitted under reserved categories. Since those 55 students got admitted on the basis of their merit in the open competition category, 55 consequential vacancies arose in the reserved categories. It is stated before us today that those 55 vacancies were filled from amongst the students in the waiting lists pertaining to the respective categories. This prima facie is in the teeth of and inconsistent with the order dated August 24, 1993. The explanation is called for in the light of the above facts

2. Pending further orders, 54 seats belonging to various special categories like physically handicapped, widows, sportsmen etc. shall not be filled up. Shri Ashok Desai stated before us that these 54 seats have not been filled up as on date. The statement is recorded

3. Shri C. S. Vaidyanathan, learned counsel for the petitioners states that though 161 seats were to be filled on the basis of All-India Examination conducted by the Director General of Health Services, only about 50-55 students have joined and that the remaining seats are still vacant which have been or likely to be surrendered to the State Government. Be that as it may, we direct that pending further orders, the seats remaining unfilled as on today from out of the said quota of 161 seats (15% of the total seats to be filled on all-India basis) shall not be filled up

4. Any vacancy remaining, whether among the free seats category or among the payment seats category in the Private Medical Colleges shall not be filled up pending further orders

3. Though we wanted to list this matter on Friday, the 3rd of December, 1993, Shri Ashok Desai requests that it may be taken up on Monday, the 6th of December, 1993. We accede to the request and direct the matters to be listed on December 6, 1993 at 1.30 p. m. before the same Bench in the Court.