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2007 Supreme(SC) 98

D. K. JAIN, DALVEER BHANDARI, K. G. BALAKRISHNAN
ABHAY NATH – Appellant
Versus
UNIVERSITY OF DELHI – Respondent


Advocates Appeared:
Ms Haripriya Padmanabhan (for Ms V. Mohana), Dr. Krishan Singh Chauhan, Ms Gyan Mitra, Chand Kiran, P.K. Jayakrishnan and Ms Malini Poduval, Advocates; for the Petitioners;
A. Mariarputham, Senior Advocate (M/s Aruputham and Aruna & Co., Advocates) for the Petitioners [in WP (C) No. 18 of 2005];
Gopal Subramanium, Additional Solicitor General, Ms Shobha Dikshit, Senior Advocate [Naveen Kr. Singh (for Aruneshwar Gupta), Maninder Singh, Gaurav Sharma, Sumeet Bhatia, Mukul Gupta, T.A. Khan, T. Srinivasa Murthy, Ms Sushma Suri, Vikaram Mehta (for Vikas Mehta), P.v. Dinesh, Annam D.N. Rao, Raj Singh Rana, Ms Kavita Wadia, Tara Chandra Sharma, Yashraj Singh Deora (for Mis K.L. Mehta & Co.), Ms Kamini Jaiswal, R. Nedumaran, Manoj Kr. Misra and Pradeep Mishra, Advocates] for the Respondents.

ORDER

1. This Court in Pradeep Jain (Dr.) v. Union of India directed that out of the postgraduate seats to be filled up by the various colleges in India, 50% of the seats shall be admitted on the basis of All-India Entrance Examination. It was directed that out of the total number of seats, 50% of the open seats shall be filled up by All-India Entrance Examination.

2. Thereafter in Dinesh Kumar (Dr.) v. Motilal Nehru Medical College, it was explained: (SCC p. 28, para 5)

"5. ... That is a total misreading of our judgment. What we have said in our judgment is that after providing for reservation validly made, whatever seats remain available for non-reserved categories, 30% of such seats at the least, should be left free for open competition and admission to such 30% open seats should not be based on residence requirement or institutional preference but students from all over the country should be able to compete for admissions to such 30% open seats. To take an example, suppose there are 100 seats in a medical college or university and 30% of the seats are validly reserved for candidates belonging to Scheduled Castes and Scheduled Tribes. That would leave 70 seats available for others








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