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2013 Supreme(Del) 1558

V.K.JAIN
Tushar Sharma – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:K.C. Mittal, Kuldeep Singh, Advocates.
For the Respondents:R1, B.V. Niren, CGSC, R3, Giriraj Subramanium, Advocate.

Judgment :

V.K. Jain, J.

1. The petitioner before this Court, in essence, is challenging the decision of the Government of India to allocate 39 out of 150 seats of the MBBS in Vardhman Mahavir Medical College (VMMC) and Safdarjung Hospital to All India Region, over and above 23 seats to be filled through CBSE under the All India Quota. The petitioner belongs to OBC category and had appeared in the entrance test called NEET-UG 2013, held for admission to various medical institutions. The petitioner, however, could not secure admission and his name was placed in the waiting list.

2. VMMC was established by Government of India in Safdarung Hospital in the year 2001, considering the number of medical seats available in Delhi in relation to its population and demand was disproportionately small. The Government of India decided that admission to VMMC would be on All India basis, on the lines of admission in AIIMS and JIPMER, Pondicherry. Initially, 100 seats in the MBBS course were available in the said college. The Government decided to allocate 50 seats out of those 100 seats to Delhi Region category and remaining 50 seats to All India category. During the academic year 2002-03 to 200













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