Violation of reservation rules in the adjustment of students in private medical colleges.

R.S. JHA, J.

1. The learned counsel for the petitioner prays for and is permitted to implead H.K. Kalchuri Educational Trust, Bhopal, as a petitioner in the petition in the Court itself.

2. Necessary amendment in this regard is permitted to be carried out.

3. This petition has been filed by the Society as well as the L.N. Medical College being aggrieved by the manner in which 150 students of R.K.D.F. Medical College, Bhopal have been adjusted in the remaining 6 private medical colleges in the State of Madhya Pradesh, pursuant to the orders passed by the Supreme Court in the case of "Sarvapalli Radhakrishnan University and another Vs. Union of India and others" W.P.S.(Civil) Nos.1001/2017, 1047/2017 and 731/2018 and the interlocutory applications filed by them i.e. the petitioner College and the respondents No.6 to 10 college.

4. The brief facts, leading to the filing of the present petition, are that 150 students were admitted in R.K.D.F. Medical College Hospital & Research Centre, Bhopal in the M.B.B.S. Course for the academic session 2017-18. As the recognition to the R.K.D.F. Medical College was withdrawn by the Medical Council of India, the admissions of all the aforesaid 150 students were cancelled pursuant to which the matter travelled upto the Supreme Court in the aforesaid writ petitions. The Supreme Court by a common order passed on 3.7.2018 has directed the State to accommodate the 150 students who were admitted in the R.K.D.F. Medical College Hospital & Research Center in the academic session 2017-18 in the 6 private medical colleges in the State of Madhya Pradesh in the academic session 2018-19 by conducting separate counselling and allotment of seats for them strictly in accordance with their merit with a further direction that the aforesaid 150 students shall pay fees to the concerned private medical college to which they are admitted and their entitlement for refund of the fees paid to R.K.D.F. Medical College shall be adjudicated in W.P. (C) No.1001/2017.

5. Pursuant to the aforesaid directions, the respondent authorities have undertaken the process of counselling and allotment of colleges to the 150 students of the R.K.D.F. College which is subject matter of the present petition filed by one of the six private medical colleges i.e. L.N. Medical College Hospital and Research Center.

6. The allotment of 150 seats to the six private medical colleges, pursuant to the directions issued by the Supreme Court, is assailed by the petitioners on the ground that in accordance with the number of seats available in the private medical colleges and in view of the equal distribution of 150 seats in the six private medical colleges, 25 students are required to be adjusted in each of the six private medical colleges.

7. It is submitted that out of the 25 students that have to be adjusted by each of the private medical colleges, proportionate reservation in accordance with the Rules relating to admission was required to be maintained by the authorities of the State for the Scheduled Caste, Scheduled Tribe and OBC categories. It is submitted that the respondent authorities, instead of doing so and totally misconstruing the order passed by the Supreme Court and the observations made therein that the admissions shall be made in accordance with the merit, have filled 25 seats each in the six private medical colleges in accordance with the choice of the 150 students as a result of which the number of General category candidates who have been granted admission in Aurobindo Medical College, People's Medical College, R.D. Gardi Medical College and Chirayu Medical College is much more than the proportion and ratio prescribed in the Rules, whereas the number of reserved category candidates that have been adjusted in L.N. Medical College and Index Medical College is far in excess of the quota reserved for the reserved category candida