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2007 Supreme(Raj) 1304

R.M.LODHA, SHIV KUMAR SHARMA, ASHOK PARIHAR
Sheikh Mohd. Afzal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
APPEARANCES :
None Present, for the Appellants.
None Present, for the Respondents.

R.M. Lodha, J.—The following question has been referred by the Division Bench to the larger bench for consideration:

“Whether admission of a candidate applied for reserved quota and entitled to be admitted in M.B.B.S. Course on the basis of his/her own merit, should be first against the reserved quota or against the general category?”

2. It appears to us that the appellants have lost interest in the matter because of long lapse of time and, therefore, none appears for them. But absence of the Government Advocate is not understandable. Be that as it may, since the Full Bench has been constituted to decide the reference, we considered the matter in the light of two decisions of the Supreme Court.

3. Sheikh Mohd. Afzal and Sonika Bahedia (here-in-after referred to by us, “the petitioners”) were not allowed admission in M.B.B.S. Course by the respondents in the year 1995. They filed a writ petition before this Court praying for the following reliefs:

“(i) declaring the interpretation placed by the respondents and the illustrations quoted below para 2(g) of the Guidelines of 1995 to be illegal and unconstitutional and quashing the same;

(ii) directing the respondents to give admission to the



















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