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I. A. ANSARI, NAVANITI PRASAD SINGH, CHAKRADHARI SHARAN SINGH
Controller of Examination, Bihar Combined Entrance Competitive Examination, 1999 – Appellant
Versus
Nidhi Sinha – Respondent
CHAKRADHARI SHARAN SINGH, J.
What would be the impact of migration of a Meritorious Reserved Category (MRC) candidate, if for the purpose of getting admission to a medical course/institution, he/she opts and is treated to be a reserved category candidate for the limited purpose of allotment of a medical course/institution, on a candidate, who has been placed at the bottom in the merit list of reserved category to which the said MRC candidate belongs, is the primary issue, which requires consideration in the present case, which been referred to Full Bench by a Division Bench of this Court, expressing inability to agree with the conclusions arrived at in the case of G.V. Nutan Vs. Bihar Combined Entrance Competitive Exam, Board, reported in 2014 (2) PLJR 725, by a Division Bench of this Court.
2. A Division Bench of this Court, in case of G.V. Nutan (supra), relying on Supreme Court’s decision in the case of Union of India Vs. Ramesh Ram and Ors., reported in (2010) 7 SCC 234, has, in substance, held that when an MRC candidate vacates a seat in general category and prefers to opt for a seat, in his own category, for better preference of institution, the general category seat,
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