IMPORTANT POINT
If a candidate is entitled to be admitted on the basis of his own merit then such admission should not be counted against the quota reserved for SC or ST or any other reserved category since that will against the constitutional mandate enshrined in Art. 16(4) of the Constitution.

Headnote:Constitution of India-Article 32-Writ petition-Question whether a candidate belonging to the scheduled caste or any other reserved category even if is entitled to be selected for selection for admission in the open competition on the basis of his own merit yet can he be counted against the quota meant for reserved category or he will be treated as an open competition candidate ? [Constitution of India-Articles 15(4) and 16(4)].
Held : In view of the legal position enunciated by this Court in the aforesaid cases the conclusion is irresistible that a student who is entitled to be admitted on the basis of merit though belonging to a reserved category cannot be considered to be admitted against seats reserved for reserved category. But at the same time the provisions should be so made that it will not work out to the dis-advantage of such candidate and he may not be placed at a more dis-advantageous position than the other less meritorious reserved category candidates. The aforesaid objective can be achieved if after finding out the candidates from amongst the reserved category who would otherwise come in the open merit list and then asking their option for admission into the different colleges which have been kept reserved for reserved category and thereafter the cases of less meritorious reserved category candidates should be considered and they will be allotted seats in whichever colleges the seats should be available. In other words, while a reserved category candidate entitled to admission on the basis of his merit will have the option of taking admission to the colleges where a specified number of seats have been kept reserved for reserved category but while computing the percentage of reservation he will be deemed to have been admitted as a open category candidate and not as a reserved category candidate. (Para 17)
Held further : In view of our conclusion, admittedly the Authorities having admitted the candidates belonging to the reserved category only against seats meant for reserved category even though they were entitled to be admitted on the basis of their merit, the petitioner who could have been otherwise admitted, has been debarred from taking admission. Since the petitioner is a single applicant before us, we direct that the petitioner be admitted to any one of the colleges where he can be so admitted of the MBBS course where seat is still available and if no seat is available then he may be admitted by increasing one seat in any one of the colleges. It may be made clear that if the petitioner is desirous of being admitted to any of the Medical colleges in pursuance of this Court s order then he should approach the Designated Authoirty within two weeks from today and the Designated Authority will then take appropriate action within two weeks thereafter. The designated authority will decide the college to which the petitioner will be admitted. (Para 17)

JUGMEMNT

Pattanaik, J.-This Writ Petition under Article 32 of the Constitution of India raises the question whether a candidate belonging to the Scheduled Caste or any other reserved category even if is entitled to be selected for selection for admission in the open competition on the basis of his own merit yet can he be counted against the quota meant for reserved category or he will be treated as an open competition candidate ? The aforesaid question arises because of the rules for selection to MMBS and BDS course for the year 1995-96 issued by the Government of Maharashtra in the Department of Medical Education and Drugs. The petitioner admittedly belongs to the reserved category. The petitioner s case in the nutshell is that respondent Nos. 5 to 36 belonging to the reserved category though could have been admitted on the basis of marks secured in open merit, yet they were admitted as against the reserved category and as a result the petitioner was excluded from getting admission into MBSS course. There is no denial to the aforesaid assertion of fact. But the stand of the State Government as well as respondent Nos. 5 to 36 is that if the respondents are allowed to take admission in open merit then it will work out gross injustice and will be more harsh to them as they cannot get admitted to the colleges of their choice even though they have secured much higher marks than the other reserved category candidate and the candidates securing lower marks will get the premium of being admitted to the colleges of their choice. Before embarking upon any discussion on the point of controversy between the parties, it would be appropriate for us to notice some of the clauses of the Rules framed by the Government of Maharashtra for the purpose of selection of MBBS course and BDS course for the year 1995-96. The Preamble of the Rule indicates that it purports to give effect to the prescribed scheme of this Court given in the form of a directive in Unnikrishnan s case and the Rules are intended to be applicable for the year 1995-96. Under Clause 2.0.1. The Director of Medical Education and Research has been appointed as Competent Authority for Selection to 1st year M.B.S.S. Courses.

2. Under Rule 2.0.2 the Competent Authority is required to implement the Rules through the Designated Authorities and would also act as an Appellate Authority to dispose of representations submitted by the canndidates.

3. Rules 2.0.3 provides that the Designated Authorities are those specified under Annexure A .

4. Under Rule 2.0.4 the Designated Authorities are required to distribute application forms, receive filled in forms and scrutinise the same and publish University areawise (regional) merit list.

5. Under Rule 4.1.0 fifteen per cent of the seats are yearmarked for candidates of All India Entrance Examination and remaining 85% of seats will form the denominator for calculation of number of seats under various sub-categories at the colleges.

6. Under Rule 4.1.1. Out of the remaining seats, all seats at Govt. colleges and 50% of seats at private colleges will be treated as free seats and 50% of the seats in private colleges are treated as payment seats.

7. Clause 4.1.3.2 provides that out of the seats at the disposal of the Competent Authority, reserved seats as specified under Rule 4.1.3.3.2 will have to be excluded and the rest should be available for Open Merit category.

8. Under Rule 4.1.3.3.2 70% of the seats will be filled up by the Designated Authority from amongst the applicants who have passed the 12th standard (or equivalent) examination from the schools/colleges situated in the concerned University area as per rule. Balance 30% of the seats will be filled in from amongst the candidates from the State Merit List by the Competent Authority under Rule 4.1.3.3.1.

9. The selection process has been indicated under Rule 8. Under Rule 8.0.3.0., the Competent Authority is required to fill up the 30% seats as provided under Rule 4.1.3.3.1 from the State Me

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1996 Supreme(SC) 387

IMPORTANT POINTIf a candidate is entitled to be admitted on the basis of his own merit then such admission should not be counted against the quota reserved for SC or ST or any other reserved category since that will against the constitutional mandate enshrined in Art. 16(4) of the Constitution.

Cases Referred (4)

IMPORTANT POINT
If a candidate is entitled to be admitted on the basis of his own merit then such admission should not be counted against the quota reserved for SC or ST or any other reserved category since that will against the constitutional mandate enshrined in Art. 16(4) of the Constitution.