Judgment

A.K.SIKRI,J.

1. The petitioners have approached this Court by way of filing the present Writ Petition filed under Article 32 of the Constitution of India with the grievance that while making admissions in the MBBS course, the respondent All India Institute of Medical Sciences (AIIMS) is not strictly adhering to the reservation policy and have questioned the manner in which seats are allotted to the candidates belonging to reserved category. As per them, the AIIMS have far exceeded the quota prescribed for the reserved category candidates which has resulted in more than 50 % reservations of the seats, which is contrary to the law laid down by this Court. The stand of the AIIMS, on the other hand, is that there is no violation of the law laid down by this Court in this behalf and the methodology adopted by the AIIMS for admission in MBBS course is perfectly valid and justified. The controversy has arisen in the following backdrop:

2. "The All India Institute of Medical Sciences (AIIMS), New Delhi issued Prospectus for admission in the MBBS course starting from August,2013 along with admission in Six New AIIMS at Bhopal, Patna, Jodhpur, Rishikesh, Raipur and Bhubaneswar with an intake of 100 students in each new AIIMS. The reservation policy was notified to be 7.5.% ST, 15% SC, 27% OBC and Indian Nationals, 3% reservation for Orthopedic physically handicapped to be provided on horizontal basis. Para 4.2 of the prospectus prescribe the procedure for selection into the MBBS course hereunder:

"4.2 PROCEDURE OF SELECTION:

Based on the result of the Competitive Entrance examination, merit lists will be prepared as below:

a. Common Merit List: Subject to the Govt. of Indi, DOPT. O.M.No.36011/1/98.Estt.(Res), dated 1st July 1998. It is clarified that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBS candidates, for example in the age-limit, experience, qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for General Category candidates etc. the SC/ST/OBS candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against the unreserved vacancies. Therefore the reserved candidate will be considered on General Seat only if no relaxation of the eligibility level (i.e. % of marks) and at cut off level of marks in MBBS entrance examination is given.

b. Scheduled Caste candidates list

c. Scheduled Tribe candidates list

d. Other Backward Classes candidates list"

3. Thirty seven (37) candidates from the common merit list, eleven (11)candidates from the merit list of Scheduled Caste category and five (5)candidates from the merit list of Scheduled Tribe and 19 (nineteen)candidates from the merit list of Other Backward Classes category will be admitted including 3% reservation for orthopedic physically handicapped on horizontal basis in the seats available.

The reservation will be 7 1/2 % ST,15% SC and 27% for OBC category. In case eleven (11) candidates from the Scheduled Caste or five (5) candidates from the Scheduled Tribe categories and nineteen (19) candidates belonging to OBC are not available, then the number of candidates selected on the basis of merit for general seats shall be correspondingly increased so that the total number of candidates selected for the MBBS course remains seventy two (72). The remaining candidates will be kept on the waiting list in order of merit. Inter se merit of two or more candidates in the same category obtaining equal marks in the competitive entrance examination will be determined in order of preference as under:

a. Candidates obtaining higher marks in Biology in the entrance examination.

b. Candidates obt