ORDER

1. This Court in Pradeep Jain (Dr.) v. Union of India directed that out of the postgraduate seats to be filled up by the various colleges in India, 50% of the seats shall be admitted on the basis of All-India Entrance Examination. It was directed that out of the total number of seats, 50% of the open seats shall be filled up by All-India Entrance Examination.

2. Thereafter in Dinesh Kumar (Dr.) v. Motilal Nehru Medical College, it was explained: (SCC p. 28, para 5)

"5. ... That is a total misreading of our judgment. What we have said in our judgment is that after providing for reservation validly made, whatever seats remain available for non-reserved categories, 30% of such seats at the least, should be left free for open competition and admission to such 30% open seats should not be based on residence requirement or institutional preference but students from all over the country should be able to compete for admissions to such 30% open seats. To take an example, suppose there are 100 seats in a medical college or university and 30% of the seats are validly reserved for candidates belonging to Scheduled Castes and Scheduled Tribes. That would leave 70 seats available for others belonging to non-reserved categories. According to our judgment, 30% of 70% seats, that is, 21 seats out of 70 and not 30% of the total number of 100 seats, namely, 30 seats, must be filled up by open competition regardless of residence requirement or institutional preference." (emphasis in original)

3. And in Dinesh Kumar (Dr.) (II) v. Motilal Nehru Medical College, it was clarified: (SCC p. 733, para 5)

"5. ... that not less than 25 per cent of the total number of seats without taking into account any reservations, shall be made available for being filled on the basis of All-India Entrance Examination. This suggestion of the Government of India deserves to be accepted and the objection to it must be overruled."

4. In Saurabh Chaudri v. Union of India the percentage of seats to All-India Entrance Examination was increased to 50%.

5. Another writ petition was filed in this Court in Buddhi Prakash Sharma v. Union of India. In this writ petition an order was passed by this Court on 28-2-2005 wherein it was stated that the total number of postgraduate seats on all-India basis would be worked out on the basis of 50% of the total number of seats without any exclusion. The order indicated that out of 50% that are allocated are to be admitted by All-India Entrance Examination and it was made clear that there shall not be any seats excluded on reservation.

6. The Additional Solicitor General pointed out that in the all-India quota of 50% seats, if 22.5% are reseryed for SC/ST students, it would be difficult for the State to give the entire percentage to reservation out of the 50% seats left for them to be filled up. It is equally difficult for DGHS to have the entire 22.5% reservation out of the 50% of the seats allotted to be admitted in the All-India Entrance Examination. Therefore, it is suggested that the Union of India has decided to provide 22.5% reservation for SC/ST candidates in all India quota from the academic year 2007-2008 onwards.

7. The Union of India seeks clarification of the order passed in Buddhi Prakash Sharma v. Union of India passed on 28-2-2005, to the effect that 50% seats for all-India quota shall exclude the reservation. We review that order and make it clear that the 50% of the seats to be filled up by All-India Entrance Examination shall include the reservation to be provided for SC/ST students. To that extent the order passed on 28-2-20055 is clarified.

8. IA No.7 of 2007 in WP (C) No. 18 of 2005 is disposed of accordingly.

Court Master's