Reservation for the freedom fighter category should not exceed 50% of the total seats available for admission, as per the law laid down by the Supreme Court.

ORDER

M.C. Garg, J.

1. The short point involved in this case, as to whether, the respondent while considering grant of reservation to the freedom fighters category for which 3% seats are to be reserved, have violated the law laid down by Hon'ble the Supreme Court in having reserved ten seats for the said category while granting only nine seats to the general category. According to the learned counsel for the petitioner, reservation for the freedom fighter category made by the respondents for admission to the MBBS seats in the Pre Medical Test (PMT) 2013 conducted by Vyavsayik Pariksha Mandal (VYPAM), Bhopal, despite addition of 80 seats only for MBBS students, have violated the judgment of Hon'ble the Supreme Court inasmuch as, while granting reservation with respect to the freedom fighter category they have provided more than 50% of the seats for the reserved category.

2. On the other hand, learned counsel appearing for the respondents have submitted that the reservation has been done in accordance with the principles laid down by Hon'ble the Supreme Court and the quota reserved for various categories by the respondents, taking into consideration the total available seats and by so doing the reservation for the reserved category is also to the extent of 50% and not more than that. It is therefore, submitted that no illegality has been conducted on behalf of the respondents.

3. Before proceeding further, it will be appropriate to note that Raghav son of the petitioner under took Pre Medical Test (PMT), 2013 conducted by (VYPAM), Bhopal. It is submitted that 3% seats are reserved for freedom fighter category as per the prospectus of the aforesaid examination issued at the time of the examination of PMT, 2013. The total number of seats allotted to the freedom fighter category are 17 out of 720. The breakup of 17 seats is given as under:-

General Category - 9

Reserved Category - 8

4. Later on, the Medical Council of India (NCI) increased the number of seats in MBBS in Madhya Pradesh amounting to 80 seats by order dated 30.7.2013. According to the petitioner, out of 80 seats, as per the prospectus only 3% seats should have been reserved for freedom fighter category out of 80 seats. However, instead of doing that, 10 seats have been given to the reserved category and only 9 seats to the general category and in this manner, there is violation of law laid down by Hon'ble the Supreme Court, that the reservation should not exceed more than 50% either in civil services or in the allotment of seats whether Pre Medical Test (PMT) or Pre Engineering Test (PET) is conducted. It has been submitted that 10 seats have been allotted to the reserved category while 9 remained for general category and 10 for reserved category. Hence, the reservation comes to more than 50% i.e. about 60% which is not permissible under the Constitution of India. It is submitted that the action of respondent No. 2 in increasing the seats in reserved category of more than 50% is illegal, unconstitutional and contrary to the decisions of Supreme Court.

5. It is submitted that initially there were 720 seats available for the PMT examination conducted in the year 2013 and out of that, 3% was reserved for freedom fighter category as per the prospectus in the following manner:-

General Category - 9

Reserved Category - 8

6. It is submitted that after the increase of 80 seats in MBBS course by the MCI by order dated 30.7.2013, 3% seats were required to be reserved out of 80 seats. However, instead of providing reservation of 3% in 80 seats, 2 additional seats have been provided for the freedom fighter category and now total seats comes to 19 and in this manner, the reservation for reserved category comes to 10(8+2) whereas, the seats available for the general category remains 9.

7. It is submitted that it is not permissible in law.

8. The petitioner has relied upon the chart about the allotment of the seats prior to the increase of the seats by MCI:-

9. It is submitted that the aforesaid