Judgment

RAJENDRA BABU, J.

( 1 ) THESE petitions are offshoot of a scheme framed by this Court in Sharwan Kumar etc. etc. v. Director General of Health Services and another etc. etc. . 1993 (3) SCC 332 prescribing the procedure to complete the process of allotment of 15 per cent of All India quota for admission to MBBS/bds courses in various colleges in the country by Sept. each year. The said Scheme was modified pursuant to an order made in I. A. No, 10 of 2000 in WP (C) No. 443 of 1992 the dates fixed stand altered as indicated therein, but we are not concerned with the same in these proceedings. The last date for receipt of vacancy position is fixed as Sept. of each year and the IInd round of counselling is proposed to be taken during the period fixed therein.

( 2 ) NOW in these petitions, it is contended that the Ilnd round of counselling for the All-India quota seats which was scheduled to be held have neither been held as the Pre-Medical Test (PMT) is not conducted nor counselling for the seats under the State quota is completed.

( 3 ) THIS Court in Dr. Pradeep Jain and others, etc. etc. v. Union of India and others, etc. etc. , 1984 (3) SCC 654 and Dr. Dinesh Kumar and others v. Motilal Nehru Medical College and others. 1986 (3) scc 727, while disapproving of the total reservation on different. scores in regard to admission of students in medical courses such as MBBS and post-graduate specialities, stated that "the very mandate of the equality clause viewed in the perspective of social justice would justify some extent of reservation preferences for students passing the qualifying examination. " The primary consideration in formulating the scheme for creating a reservation in favour of candidates is broadly based on national approach as against the State based reservation. This background resulted in the formulation of the Scheme, which is sought to be interpreted or modifled now. We should not read the Schemes framed by this Court as if they are Statutes or that inexorable rights are conferred upon the parties. For the academic year 2001-2002, 1483 seats for MBBS course and 146 seats for BDS course, totalling 1629 seats were made available by the States under the 15% All-India quota. On the basis of the results declared by respondent No. 2, 2759 successful candidates were sent call letters. By the end of the first round of counselling, 86 seats remained unfilled to be allotted in the second round. Some States or colleges informed their vacancy position under 15% All-India quota from first round of allotment amounting to 245 seats. However, some States have not intimated vacancy position even as late as 5-9-2001.

( 4 ) IT is submitted that the candidates from these States who have been allotted seats in the first round of allotment may not have been given the course or college or place of their choice and in case lateron they get the allotment of their choice under the State quota, then they will vacate the seats allotted to them under the All-India quota. Hence they apprehend that more than 700 seats will fall vacant once the counselling is conducted in the aforesaid States. Therefore, it is submitted that a Illrd round of counselling is required to be held and that the vacant seats, if any, should arise in the 15 per cent. All-India quota seats should not be allowed to revert back to the States/colleges after September, 2oo1 and that instead successful and meritorious candidates in the All-India quota should be allotted these seats or such other orders as necessary may be passed.

( 5 ) AS per Cl. 14 of the Scheme, if the Dean or the Principal of the concerned college does not notify the vacancy position due to non-joining of candidate or candidates in the first round of counselling before the date indicated therein the seats allotted to the college will be treated as vacant and allotment of candidates will be made against these deemed vacant seats and it shall be the responsibility of the Dean or the Principal of the co