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, so vacated, cannot be filled up from the bottom of the list of selected candidates in that particular reserved category. The dispute, in case of G.V. Nutan (supra), related to admission to medical courses/institutions.

3. The Supreme Court, in case of Ramesh Ram (supra), had occasion to deal with selection for appointment to central services, through Union Public Service Commission (hereinafter referred to as the “UPSC”). Noticing the fact that the Division Bench of this Court, in case of G.V. Nutan (supra), missed to notice distinction pointed out by the Supreme Court in the case of Ramesh Ram (supra), in the matter of appointment to a civil service, through examinations conducted by the UPSC, vis-à-vis admission in medical colleges, the matter has been referred to Full Bench for consideration.

4. It happens oftentimes that in a competitive examination, held for the purpose of admission to technical or other institutions or for employment in public service, the candidates, belonging to reserved category/categories, qualify on the basis of their own merit and are placed in general merit list. It is settled law and there is no controversy over the preposition that such candidates are not treated to be occupying reserved seats/posts till the selection process relates to admission to one institution or appointment one class of posts. For the benefit of precision and brevity, the class of candidates, who belong to different reserved categories and qualify on the basis of their own merit, irrespective of reservation policy in their favour, have been described as Meritorious Reserved Category (MRC), in the present judgment, following the said nomenclature given to such class of candidates in various judicial pronouncements. Controversies, however, arise, when a common competitive examination is held for admission to more that one institutions or for the purpose of filling up of different categories of posts. An MRC candidate, in such circumstance, may not be getting the institution or post, as the case may be, of his choice, on the basis of his own merit position in the general merit list. He, in such circumstances, may opt to be treated as a candidate belonging to his reserved category, as naturally, if placed in the reserved merit list of his category, he would be ranking high and may get better choice of institution or post. An MRC candidate naturally cannot be placed to a disadvantageous situation by not permitting him to be treated as reserved category, as that would amount to allowing him to suffer for his better performance in the competitive examination. In consequence of movement or migration of an MRC from general merit list to the merit list of his reserved category, a candidate placed at the bottom of merit list of the reserved category may have