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2013 Supreme(Del) 2147
DELHI HIGH COURT
V.K.Jain, J.
Anusar Gupta - Appellant
Versus
All India Institute of Medical Sciences, New Delhi & Anr. - Resopndent
W.P.(C) 3926/2013
Decided On : 02-07-2013
For the Appellant : Mr A.K. Singla, Sr. Adv with Mr Nitink K. Gupta , Mr Deepak, Advs.
For the Respondent:Mr Mukul Gupta Sen, Ms Anjali Chauhan , Mr Rishab Kaushik, Advs for Respondent No. 1 Mr Sudhir Nandrajog, Sr. Adv with Mr Rajeshwar Dagar , Mr Swastik Solanki, Adv for R-3/Applicant.
The emphasis of the Act is on 'annual permitted strength', and the allocation of seats must comply with the reservation quotas.
Headnote:
Reservation - Admission to MDS Course - Central Educational Institutions (Reservation in Admission) Act, 2006 - Section 3
Fact of the Case:
The petitioner, an OBC candidate, secured first rank in an entrance test for MDS course but no seat was reserved for OBC candidates, despite a 27% reservation. The petitioner sought a writ to reserve 27% seats for OBCs and declare the current allocation illegal.
Finding of the Court:
The court found that the allocation of seats did not comply with the legislative mandate, and the formula used by the respondent for seat allocation was neither legal nor just and fair. The court allowed the current admission process to proceed but directed the respondent to re-examine future admissions in light of the Act and the anomalies identified.
Issues: Interpretation of the annual permitted strength in the Act, compliance with reservation quotas, and the legality of the seat allocation formula.
Ratio Decidendi: The emphasis of the Act is on 'annual permitted strength', and the allocation of seats must comply with the reservation quotas. The formula used for seat allocation was found to be neither legal nor just and fair.
Final Decision: The court allowed the current admission process to proceed but directed the respondent to re-examine future admissions in consultation with the Union of India within two months.
V.K. Jain, J.
The respondent No. 1, All India Institute of Medical Sciences, conducts entrance test for admission to various medical courses, including MDS. Central Educational Institutions (Reservation in Admission) Act, 2006, inter alia, provides out of the ‘annual permitted strength in each branch of study or faculty’, 27% seats shall be reserved for Other Backward Classes, it also provides for reserving 15% seats for Scheduled Castes and 7.5% for Scheduled Tribes. The respondent No. 1 held an all India examination for admission to various courses, including MDS on 12th May, 2013. The petitioner, who belongs to OBC category, appeared in the said examination and secured first rank amongst the OBCs candidates. The examination was held for five seats in MDS, comprising one seat each in Conservative Dentistry, Orthodontics and Oral & Maxillofacial Surgery and two seats in Prosthodontics. The grievance of the petitioner is that not even a single seat has been reserved for OBCs candidates in the examination held on 12.05.2013, as a result of which despite holding first rank amongst OBCs candidates and there being 20% reservation for such candidates, admission has not been granted to him. The petitioner is accordingly seeking a writ or order, directing respondent No. 1 to reserve 27% seats out of total seats in MDS course for OBC category and allow him to attend the counseling for admission to the said course. He is also seeking declaration of the current allocation of seats for OBC category to be illegal.
2. The writ petition has been contested by respondent No. 1 as well as by one Dr. Bhaskar Aggarwal, who, on his application, has been impleaded as a party to the writ petition, he being the 4th candidate in the order of merit for admission to the MDS course. Since three seats have been allocated to General Category and one to SC category, Shri Bhaskar Aggarwal is likely to get the 5th seat in case the petitioner does not get that seat.
3. In its counter-affidavit, respondent No. 1—All India Institute of Medical Sciences has, inter alia, stated that for calculating reservation quota for SC/ST and OBC candidate, a point wise roster is used by it. For any session, points are calculated by multiplying 0% reservation to the number of seats being advertised for that session and points are added to the balance point, if any, carried forward from previous session. If the total points are +.5 or more in any category, i.e., SC, ST & OBC, seat/seats is/are advertised in that category. This scheme is being followed since July, 2012.
4. The following is the Chart, indicating reservation made in the examination conducted for the sessions commencing July, 2012, January, 2013 and July, 2013:-
July, 2012 Session
Speciality
Total
UR
SC
ST
OBC
Orthodontics
3
2
0
0
1
Prosthodontics
2
1
0
0
1
Conservative Dentistry
2
1
0
0
1
Oral & Maxillofacial Surgery
1
1
0
0
0
Grand Total
8
5
0
0
3
January 2013 session
Speciality
Total
UR
SC
ST
OBC
Orthodontics
1
0
1
0
0
Prosthodontics
1
1
0
0
0
Conservative Dentistry
2
1
1
0
0
Oral & Maxillofacial Surgery
1
0
0
0
1
Grand Total
5
2
2
0
1
July 2013 Session
Speciality
Total
UR
SC
ST
OBC
Orthodontics
1
1
0
0
0
Prosthodontics
2
1
1
0
0
Conservative Dentistry
1
1
0
0
0
Oral & Maxillofacial Surgery
1
1
0
0
0
Grand Total
5
4
1
0
0
The summary of seats advertised in last three sessions, after implementation of point based roster scheme and the balance point due for different categories, is, as stated hereinbelow: Orthodontics
Session
UR
SC
ST
OBC
Jul
