IMPORTANT POINTS
A MRC can opt for a seat earmarked for the reserved category, so as to not disadvantage him against less meritorious reserved category candidates. Such MRC shall be treated as part of the general category only.
On the MRC opting for seat reserved for his category, the disturbed reserved candidate would be adjusted in seats meant for general candidates.
Reservation should not in any case exceed 50%.

Headnote:(a) Higher education – Reservation – Meritorious Reserved Candidate (MRC) – Reserved candidates securing higher ranking on their own merit – Treated as and placed in general merit list – MRC nit counted against quota reserved for reserved category candidates. (Para 7)
       1992 Supp (3) SCC 217; (1995) 2 SCC 745 – Relied upon
       (b) Higher education – Reservation – MRC – Entitled to admission on the basis of his merit, with option of taking admission to colleges having specified number of seats reserved for his reserved category – For computing percentage of reservation MRC will be deemed to have been admitted as an open category candidate – Distinction between selection and admission of PG candidates, and selection and appointment of UPSC candidates – Total reservation must not exceed 50%. (Para 8, 12)
       (1996) 3 SCC 253; (2014) 14 SCC 745 – Relied upon
       (2012) 13 SCC 516; (1998) 9 SCC 405 – Referred
       (2010) 7 SCC 234; (1996) 6 SCC 36 – Distinguished
       Facts of the case:
       In this case the Court is concerned with securing admission to medical courses through a common entrance test and the procedure to be followed in case of a MRC and allotment of seat in college.
       Finding of the Court:
       There is no reason to differ with the High Court.
       Result: Appeals dismissed.

JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. Judgment dated 28.10.2016 passed by the High Court of Judicature at Patna in MJC No. 3680 of 2016 in CWJC No.16673 of 2016 and connected matters is called in question in these appeals. By the said judgment, the full Bench of the High Court answered the reference made to it by the Division Bench of the Patna High Court in the matter of validity or otherwise of admission process for MBBS/BDS and PG courses pursuant to a circular dated 14.11.1995 of the State Government.

3. Before proceeding further it would be pertinent to note the relevant circular i.e. circular no. 226(24) dated 14.11.1995 which reads as under:

“According to this new system, applicable with immediate effect, candidates of reserved classes, who on the basis of merit, are entitled to get admission against 50% seats of the general category, having transferred them in the list of their respective reserved class, they will be facilitated with admission in college and subject of their choice on the basis of their merit in at (respective) list. Thus, after transfer from one to another list, those candidates of that (respective) reserved class, who found place in the bottom of the separate list, prepared for that (respective) class, naturally will come down and can come out of the seats available in the ratio of the percentage prescribe for that (respective) reserved class. To avoid this situation and in any case to avoid the adverse impact on the number of seats prescribed for reserved class after transferring candidates of that class only into that list and so that candidates in the bottom of the list also could not be deprived of admission and so that candidates of reserves class, selected on the basis of merit could not be deprived of being consolidated in general seats. To ensure it, this system will be applicable that after above stated transfer, candidates at the bottom of list of their respective reserved class, though being at the bottom of the merit list of this list, shall be absorbed against 50% seats, available for general category and they shall be allotted colleges and subject available for the general seats on the basis of choice in the order of merit in that list. Thus, the list which will be prepared against 50% seats, available for general category, candidates transferred by above stated method from the list of reserved class will be absorbed in that list only and they will also be facilitated admission.”

As per the aforementioned circular, a Meritorious Reserved Candidate (MRC) is treated as general merit candidate and is allotted a seat in the general merit category; such MRC may instead choose to take up a seat from amongst the seats earmarked for that particular reserved category to which he belongs to gain admission in the college of his preference; on doing so, the choice of seat in the general category left by the MRC will go to a candidate of the reserved category.

4. It was contended before the Patna High Court by the appellants that the seat which remained unfilled because of migration/shifting of a MRC to the reserved category should be filled up by the candidates from the general category list inasmuch as the MRC virtually shifts himself to the reserved category. Per contra it was contended by the contesting respondents that such seat should continue to be filled up by the ousted candidates at the bottom of the reserved category list, in view of the fact that the MRC continues to be a general category candidate. By the impugned judgment, the Patna High Court answered the reference in favour of the respondents as under:

“15. In view of the discussions above and what has been held by Supreme Court in cases of Ramesh Ram (supra) and Ritesh R. Sah (supra) we arrive at the following conclusion(s) :-
(i) There is an obvious distinction between qualifying through a common entrance test for securing admission to medical courses in various institutions vis-a-vis a common competitive examinatio

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2018 Supreme(SC) 26

Cases Referred (8)