1. The three petitioners, namely, Dr. Subodh Kumar, Dr. Mahesh Hembram and Dr. Manju Kumari, have joined this writ petition seeking a common relief for enforcing the policy of reservation for the category of Scheduled Caste and Scheduled Tribes for admission to the All India Entrance Examination for the Post Graduate Courses conducted by All India Institute of Medical Sciences (hereinafter referred to as AIIMS). The three petitioners are members of the Scheduled Caste.

2. According to the writ petition, the Government of India has formulated a scheme for admission to the Post Graduate courses in medical colleges of all the State Governments as well as the Union of India including AIIMS. Each medical college is required to contribute 50% of its total seats of the PG Courses to the central pool the entrance test of which is conducted by AIIMS and the students are admitted as per the merit list prepared by it. This was perhaps with the intention to standardize medical education all over the country and was perhaps also in the interest of national integration. The petitioners raise a grievance before this Court that the respondent authorities in violation of its statement in the prospectus for reservation of seats in PG Courses of Medical Sciences in favour of Scheduled Castes and Scheduled Tribes, declining to enforce the promise with respect to the entrance test in question. The first year of the course coincides with the year 2005-2006. It is, therefore, prayed that the respondent authorities should be directed to reserve half of 22.5% of the seats of the central pool for admission to the PG Courses after taking into account Clause 10 of the prospectus (Annexure 1).

3. The respondents have placed on record two sets of counter affidavits wherein they have set up a common case opposing the writ petition. One counter affidavit has been filed by respondent Nos. 1 to 3, sworn by Assistant Director General, Directorate General of Health Services, Ministry of Family Welfare, Government of India, and the other one is from respondent No. 4, sworn by the Director of AIIMS.

4. I have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the Government of India has created a pool of seats for the PG Courses which were to be contributed by every Government Medical College of State Governments and those of the Government of India. In the initial stages, every college was required to contribute 15% of its seats, the examinations of which were conducted by AIIMS under the aegis of the Government of India. A controversy arose in the beginning whether or not 15% of the seats of each Medical College will be after taking into account, i.e. excluding, the reserved seats of each college. The issue fell for consideration of the Supreme Court in the case reported in AIR 1986 SC 1877 Dr. Dinesh Kumar v. Motilal Nehru College wherein it was clarified that 15% of the seats to be contributed by each medical college shall be without excluding the reserved seats. In other words, to illustrate the position, if a particular medical college had 100 seats 20 of which were reserved for different categories, the college was required to contribute 15 seats, rather than 15% of 80 seats. The percentage has gradually been enhanced from time to time and the present percentage of contribution is 50% of the seats without excluding the reserved seats. The latest position is indicated in the order dated 28.2.2005, passed by the Supreme Court in civil writ (civil) petition No. 18/05 Budhi Prakash Verma v. Union of India. The issue is thus clear as to the contribution to be made by each Government college to constitute the central pool.

5. As stated hereinabove, the present writ petition relates to the entrance test for the PG Courses for the academic year 2005- 2006. AIIMS in consultation with the Government of India in the Ministry of Health issued the prospectus photocopy of which is marked Annexure 1.