The 33% quota for MBBS graduates of the All India Institute of Medical Sciences (AIIMS) in Post Graduate courses in the same Institute is invalid in law or on fact and whether there could also be discipline/department-wise quota in Post Graduate courses for the said MBBS students of AIIMS.

( 1 ) THE main points arising in this writ petition are whether the 33% quota for the MBBS graduates of the All India Institute of Medical Sciences. New Delhi (hereinafter called "aiims") in Post Graduate courses in the same Institute is valid in law or on fact and whether there could also be discipline/department-wise quota in Post Graduate courses forthe said MBBS students of AIIMS ?

( 2 ) ON 3. 12. 1995 an all-India entrance examination for admission to Post Graduate courses in AIIMS was conducted. Any person who secured 55% in MBBS was eligible to take the examination The three writ petitioners in this writ petition, who are MBBS graduates from outside AIIMS, appeared for the said examination. They sought admission in Post Graduate courses for the January Session. AIIMS conducts examinations twice in a year for its January and July Sessions in Post Graduate courses. The prospectus was issued in September, 1995 declaring that selection shall be by merit of the candidates and that final list of the selected candidates w ill be prepared separately for each category and the seats will be filled accordingly. Each candidate has been permitted at the time of examination to opt for 2 specialities/courses of MD/ms. Petitioners had, at the time of application, given their options.

( 3 ) THE results of the common entrance examination w ere declared on 8. 1. 1996 for 100 positions. Petitioners 1 to 3 secured the ranks 10,12 and 89 respectively. "counselling" procedure was not published by 8. 1. 1996, as it appears, on account of certain administrative problems, there being certain stay orders in some other writ petitions. The total number of seats available for allocation for January 1996 session are 83. The reservation of seats as the prospectus was as follows:- (1) Scheduled Castes = 15% (2) Scheduled Tribes = 7. 5% (3) Quota for Rural/bw/fw of AIIMS = 5% (those who served in rural area or belong to backward area or have worked in Family Welfare programmes) (4) MBBS students from AIIMS = 33% (5) Balance for open category = 39. 5% As per Ex P-4, Para A of the Scheme (for declaration of results, preparation of list and personal appearance of Counselling) published on 17. 1. 96 it is declared that only candidates who have secured 65th percentile or higher marks in the entrance examination shall be eligible for admission to Post Graduate courses. The SC/st/rbf candidates of AIIMS will be considered for the Institute Graduates quota and open general category if they have secured marks corresponding to the 65th percentile or higher in Post Graduate entrance examination. The corresponding cut-off marks for reserved quota of SC/st/rbf candidates shall be 60th percentile or higher in the entrance examination.

( 4 ) THE department/discipline-wise reservation is set out in the said Scheme as follows: The seats shall be allocated on the basis of merit by a process of counselling. Not more than 50% seats in any department/discipline will be reserved for AIIMS graduates subject to the overall reservation of 33% of all Post Graduate seats. A 7 year roster of seats in different departments/disciplines is prepared for allocation of seats.

( 5 ) COUNSELLING procedure is indicated in the Scheme as follows: The allotment of seats shall be made to the candidates through personal appearance at counselling. For personal appearance the candidates will be called in batches of 200 each day in order of merit as per the Schedule given in Appendix 1. The candidates w ill have the right to choose any one of the available seats at his/her rank and the same will be allotted to him/her and the allotment letter will be issued the next day. It is stated

"the very fact that a candidate has appeared for allotment on a notified date does not mean that the allotment will be made to him/her, as the same shall depend upon the availability of a seat at his/her rank and the choice exercised by candidate". If a candidate does not appear, the choice of one of t