The State's decision not to provide reservation for backward area candidates in I.G.M.C. Shimla was found to be constitutional and within the scope of judicial review. The Court emphasized that reservation provisions are discretionary and subject to periodic review by the State.

Justice Rajiv Sharma, Judge. Heard. The application is not opposed. Allowed. Priyanka Thakur is permitted to be added as petitioner No.4. Registry is directed to carry out necessary correction in the memo of parties. The application stands disposed of. Core issue involved for adjudication in this petition is: whether the action of the respondent-State not to reserve seats for the candidates belonging to backward areas in I.G.M.C. Shimla is unconstitutional? Respondent No.4-University issued prospectus on behalf of State of Himachal Pradesh for holding combined Pre- Medical Entrance Test for graduate (M . B. B.S. / B. D.S.) courses in Himachal Pradesh for academic session 2011- 2012. The last date for submission of application, as per prospectus, was 30.4.2011. It is evident from the prospectus issued by respondent No.4-University that no seats have been reserved for the candidates belonging to backward areas in I.G.M.C. Shimla. Two Seats have been reserved for this category in Dr. Rajinder Prashad Government Medical College, Tanda and H.P. Government Dental College, Shimla as notified by the H.P. Government from time to time. Candidates belonging to the backward area must be permanent resident of that particular backward area and must have passed at least two examinations i.e. primary/middle/ matric/+ 1/+2 from the schools located in the backward area. If no such candidate is available then a candidate belonging to backward areas will be considered and in case no such candidate is available for the backward area’s seat, the same will go to general category candidate. The ‘backward area’, as per para 12 (iii) of the prospectus, means the backward as listed in the notification dated 16.6.1995 issued by the Financial Commissioner-Secretary (Planning) Government of Himachal Pradesh or areas as may be notified to be Backward Areas by the Government of Himachal Pradesh from time to time. In sequel to prospectus of respondent No.4, the written examination was held on 27.5.2011 and the result was declared on 3.6.2011. Petitioners No.1 to 4 belong to backward area as defined under the prospectus. However, only petitioner Shivani Thakur and Priyanka Thakur find their place in the combined merit list.

2. Mr. Bimal Gupta has strenuously argued that up to academic session 2009-20 10, three seats were reserved always for backward area candidates in I.G.M.C. Shimla and also two seats are now reserved for this category in Dr. Rajinder Prashad Government Medical College, Tanda and H.P. Government Dental College, Shimla. His precise prayer is that mandamus be issued to the respondent-State for providing three seats for candidates belonging to backward area and thereafter the petitioners be considered accordingly. He also argued that the action of the respondent-State of not providing reservation in I.G.M.C. Shimla and providing the same in Dr. Rajinder Prashad Government Medical College, Tanda and H.P. Government Dental College, Shimla is arbitrary, discriminatory, unreasonable and thus, violative of Articles 14 and 16 of the Constitution of India. He lastly contended that in Dr. Rajinder Prashad Government Medical College, Tanda the seats have also been increased from 60 to 100 as per Annexure R-7 dated 15.7.2011.

3. Mr. Vikas Rathore, learned Deputy Advocate General has argued that a policy decision has been taken by the State not to provide reservation for backward area candidates in I.G.M.C. Shimla after the seats have been increased from 65 to 100 and the zone of consideration is enlarged. According to him, Article 15 of the Constitution of India is enabling provision and no mandamus can be issued to the State Government to provide reservation for the candidates belonging to backward area in I.G.M.C. Shimla. He then contended that it is always open to the State Government to review periodically the reservation provided in educational institutions. He lastly contended that out of 551 Panchayats, only 11 Panchayats are backward area a