JUDGMENT

DUTT, J.:— These writ petitions relate to the allocation of seats in medical colleges in the MBBS/BDS Course pursuant to the result of the All India Entrance Examination conducted by the Central Board of Secondary Education, New Delhi, in respect of 15 per cent of the total number of MBBS/BDS seats in medical colleges of different States.

2. Before dealing with the individual writ petitions, we may refer to an application made by the Union of India being C.M.P. No. 29264 of 1988 in Writ Petition (Civil) Nos. 348-52 of 1985 praying for suitable directions in the matter of allocation of vacant seats. It has been stated in this application that the results of the All India Entrance Examination conducted by the Central Board of Secondary Education for admission in the MBBS/BDS Course were declared on July 15, 1988. A merit list of 1,600 candidates together with a waiting list of 1,000 candidates was sent to the Director General of Health Services by the Central Board of Secondary Education for making allocations of candidates to various medical colleges for admission to MBBS/ BDS Course, as the case may be. The Director General of Health Services allocated, 1,428 candidates to MBBS Course and 111 candidates to BDS Course in the various medical/dental colleges. Further, it is stated that on the basis of information received in the office of the Director General of Health Services, 532 candidates have not joined in all these courses and, accordingly, the said 632 seats have been lying vacant.

3. In order to decide the criteria to be adopted for allocation of vacant seats as a result of drop-outs in the number of candidates who had been allocated MBBS/BDS seats in various medical/dental colleges, a meeting was held under the chairmanship of the Secretary, Ministry of Health and Family Affair. In this meeting, the Chairman of the Central Board of Secondary Education, Secretary, Medical Council of India, and representatives of the Ministry of Law and Justice participated, besides others from the Ministry of Health and Family Affair and the Director General of Health Services. The Committee took a decision regarding the allocation of seats in the MBBS/BDS Course. The Committee has also made certain suggestions regarding the guidelines to be followed for the purpose of filling up the vacant seats in the MBBS/BDS Course.

4. Mr. Kuldip Singh, learned Additional Solicitor General, submits that this Court may approve of the suggestions made by the said Committee or lay down the guidelines for the purpose of filling up the vacant seats. After hearing the learned Counsel of the petitioners in these writ petitions and after considering the suggestions of the committee and the submissions made by the learned Additional Solicitor General, we direct that following guidelines should be followed for the purpose of filling up the said 532 seats in the MBBS/BDS Course:

1. The candidates, who have been allocated seats to the Dhanbad Medical College which is not a recognised College by the Medical Council of India after 1982, should first be reallocated to the recognised medical colleges having vacancies keeping in view the aspect of the minimum distance from their home-towns.

2. Those candidates who have exercised their choice for MBBS Course only or to MBBS Course by way of first preference and to BDS Course by way of second preference and admitted to BDS Course for want of seats in the MBBS Course shall, if they or any of them desire to be admitted in the MBBS Course, be absorbed against the available vacant seats in order of merit. The change from BDS Course to MBBS Course will, however, be at their own cost and responsibility.

3. The vacant MBBS or BDS seats, thereafter available, should be offered to the candidates on the waiting list in order of merit. Allocation may be made to medical colleges on the basis of the five preferences indicated by the candidates in the application forms. Any allocation of seat made to a candidate in the waiting li