Delhi High Court
Ms. Nisha vs Union Of India (Ministry Of Health And ... on 1 July, 2020
Author: Manmohan
Bench: Manmohan, Sanjeev Narula
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3410/2020
MS. NISHA ..... Petitioner
Through: None.
versus
UNION OF INDIA (MINISTRY OF HEALTH
AND FAMILY WELFARE) & ORS. ..... Respondents
Through: Mr. Arun Bhardwaj, CGSC and
Mr. Abhishek Sharma, Advocate for
respondents No.1 and 2 with
(Prof.) Dr. B. Srinivas, Assistant
Director General (Medical
Education), DGHS.
Mr. Mohinder J.S. Rupal, Advocate
with for respondent No.3/DU.
Dr. Vikrant Narayan Vasudeva,
Mr. Parv Ahluwalia, Mr. Sarthak
Chiller, Advocates for MAIDS with
Mr. G.S. Pandey, Registrar.
Mr. Mukesh Kumar, Advocate for
applicant in Review Application.
Mr. Manjeet Singh Ahluwalia with
Mr. Ahijeet, Advocates for
Ms. Sonal Bhatia.
Mr. Atul Bandhu, Advocate for
Ms. Nasreen Ansari and Ms. Neha
Chauhan.
% Date of Decision: 01st July, 2020
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SANJEEV NARULA
W.P. (C) 3410/2020 Page 1 of 19
JUDGMENT
MANMOHAN, J: (Oral) Review Pet. 105/2020
1. Present review application has been filed by Dr. Pooja Mewal challenging the judgment and order dated 10th June, 2020 passed by this Court. The relevant portion of the judgment and order dated 10 th June, 2020 is reproduced hereinbelow:-
"6. Learned counsel for respondent No.3 states that the said respondent has only followed the 13-Point Roster suggested by Ministry of Human Resource Development sent through University Grants Commission for filling the additional two seats now released in second counselling which accordingly should go to SC and ST candidate respectively in that order. He also states that as the additional seats had not been notified prior to the first counselling, no seat has been provided for the EWS quota (which was to be taken out from the unreserved category). As per the 13-Point roster, entry 10 is marked for EWS seat (one seat). However, additional two seats were not released in time therefore, in first counselling the said seat at entry 10 was released to candidate of unreserved category as per the then prevailing roster.
xxx xxx xxx
10. Since no EWS candidate has been admitted in the Maulana Azad Institute of Dental Sciences in MDS-2020 out of Delhi University quota, this Court allows the present writ petition and directs the first vacant one seat to be allocated and filled up from the EWS quota as per merit. After the EWS quota has been filled up, the 13-Point Roster shall be implemented further.
11. As a matter of abundant precaution, it is clarified that in the event an unreserved category candidate surrenders his/her seat, then the same shall be allotted to the candidate from the EWS quota and thereafter admission shall take place according to the 13-Point roster.W.P. (C) 3410/2020 Page 2 of 19
12. It is made clear that in case no unreserved category candidate surrenders his/her seat from first counselling, then the first additional seat now released shall be offered to EWS candidate and the remaining second additional seat to SC candidate as per the roster. Since additional two seats have been released only now for second counselling, no ST candidate shall have any right to claim any right on the additional seat. Needless to mention that seats have been increased by respondents No.1 and 2 only to make available EWS quota this year, hence EWS candidate shall have priority to claim first additional seat and the roster shall work thereafter as per order.
13. This order is being passed in the peculiar facts and circumstances. No student who has already been allotted the seat in first counselling shall be disturbed unless any seat is surrendered by such student in second counselling."
2. Learned counsel for the applicant-Dr. Pooja Mewal states that while passing the judgment in W.P.(C) 3410/202, this Court directed substitution of Scheduled Tribe (ST) seat by Economically Weaker Sections (EWS) seat contrary to the roster points for admission and as a consequence, a ST candidate has been denied reservation in the respondent-Maulana Azad Institute of Dental Sciences (for short "MAIDS") for the sole reason that the roster carries total seat of only thirteen candidates.
3. He further states that the impugned judgment has been passed in violation of natural principles of justice as applicant-Dr. Pooja Mewal was not given any notice by this Court before passing the judgment and order dated 10th June, 2020.
W.P. (C) 3410/2020 Page 3 of 194. Mr. Mohinder J.S. Rupal, learned counsel for respondent- University of Delhi states that the University of Delhi has a thirteen point roster for admissions to MAIDS in post graduate dentistry courses. The said thirteen point roster is reproduced hereinbelow:-
"13 POINT ROSTER w.e.f. 2009 MDS COURSE: NEET MDS 2020 50% DELHI UNIVERSITY QUOTA DISTRIBUTION OF MDS SEATS & COLLEGES (A.C. RESOLUTION NO. 70(27) DATED 09.11.2009) Roster point 1 exhausted in the subject Periodontology (MAIDS), Year 2019, PWD Roster point 2 exhausted at S.No. 21 in the subject Paedodontics & Preventive Dentistry (MAIDS), Year 2019.
S.No. PwD ROSTER Category College Remarks, Speciality
Roster POINT Earmarked /Instt. If any
23 2 UR MAIDS Prosthodontics
and Crown &
Bridge
24 3 UR MAIDS Public Health
Dentistry
25 4 OBC MAIDS Conservative &
Endodontics
26 5 UR LHMC Permitted Oral and
seat Maxillofacial
27 6 UR MAIDS Surgery
LHMC = 1*
MAIDS= 1
TOTAL= 2
28 7 SC MAIDS Oral Medicine
& Radiology
29 8 OBC MAIDS Oral Pathology
30 9 UR MAIDS Orthodontics &
Dentofacial
Orthopaedics
31 10 UR MAIDS Paedodontics &
32 11 UR UCMS Preventive
Dentistry
MAIDS = 1
UCMS = 1
W.P. (C) 3410/2020 Page 4 of 19
33 12 OBC MAIDS Periodontology
UR = OBC = SC = 1 ST = 0 TOTAL SEATS
07 03 SC (PWD) ST = 11
UR OBC =0 (PWD)=0
(PWD) (PWD) =
=0 0
Note: As per decision the reservation has been given rotation wise since year 2009 by applying 13 Point Roaster.
Note:-
PwD Points have been incorporated according to Government of India 5% reservation for PwD Categories. The seats have been blocked for PwD Reservation for submission to Ministry of Health & Family Welfare for online admissions of PG Counselling.
In case of any discrepancy, the same may be brought to the notice of the Office of Faculty of Medical Sciences, 6th Floor, VPCI Building, University of Delhi, Delhi-110007. Phone no. 27662208, Email: [email protected]"
5. Learned counsel for respondent-University of Delhi states that first counselling for admissions under the University of Delhi quota was conducted in accordance with the aforesaid thirteen point roster. He admits that an EWS seat was not released when the first round of counselling was conducted.
6. He emphasises that the EWS seat as per thirteen point roster released by MHRD through UGC appears at entry 10 (Ten) in the thirteen point roster. The said thirteen point roster duly incorporating one EWS seat is reproduced hereinbelow:-
FOR DIRECT RECRUITMENT Roster for Direct Recruitment otherwise than through Open Competition for cadre strength upto 13 posts Cadre Initial Replacement No. Strength Recruitment 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 1 UR UR UR OBC UR UR SC OBC UR EWS UR OBC SC ST 2 UR UR OBC UR UR SC OBC UR EWS UR OBC SC ST W.P. (C) 3410/2020 Page 5 of 19 3 UR OBC UR UR SC OBC UR EWS UR OBC SC ST 4 OBC UR UR SC OBC UR EWS UR OBC SC ST 5 UR UR SC OBC UR EWS UR OBC SC ST 6 UR SC OBC UR EWS UR OBC SC ST 7 SC OBC UR EWS UR OBC SC ST 8 OBC UR EWS UR OBC SC ST 9 UR EWS UR OBC SC ST 10 EWS UR OBC SC ST 11 UR OBC SC ST 12 OBC SC ST 13 SC ST Note :
1. For cadres of 2 to 13 posts the roster is to be read from entry 1 under column Cadre Strength till the last post and then horizontally till the last entry in the horizontal row i.e. like "L"
2. All the posts of a cadre are to be earmarked for the categories shown under column initial recruitment. While initial filling up will be by the earmarked category, the replacement against any of the post in the cadre shall be by rotation as shown horizontally against the last post of the cadre"
7. He states that since the entry 10 (Ten) seat was filled under the old thirteen point roster, in which the seat was marked for unreserved category, therefore in the first round of counselling the seat was allotted to Ms. Neha Chauhan, who took the seat under unreserved category, even though she belonged to EWS category.
8. The petitioner had annexed with the writ petition the seat matrix for second round of counselling in MDS-2020 issued by the respondents as under:-
INTERNAL QUOTA NEWLY ADDED SEATS AND SEATS ADDED DUE TO NON JOINING AND RESIGNATION (DENTAL) Sr. Stream State Quota College Subject Course Category Sub Number No. Name Name Cat of Seats 1 Dental Delhi Delhi Maulana OPERATIVE Degree ST 1 (NCT) University Azad CONSERVATIVE Institute DENTISTRY of Dental Sciences, Delhi 2 Dental Delhi Delhi Maulana ORAL Degree OBC 1 (NCT) University Azad PATHOLOGY W.P. (C) 3410/2020 Page 6 of 19 Institute of Dental Sciences, Delhi 3 Dental Delhi Delhi Maulana PROSTHETICS Degree SC 1 (NCT) University Azad Institute of Dental Sciences, Delhi 4 Dental Uttar Banaras IMS BHU PEDODONTIS Degree ST 1 Pradesh Hindu Dental, AND University Varanasi PREVENTIVE SURGERY Total Seats 4
9. He, however, states that the aforesaid roster for second round of counselling was changed/amended in accordance with the judgment and order dated 10th June, 2020 in the present writ petition. The additional seats released for second round of counselling to be done by the respondent No.2-(MCC) is reproduced hereinbelow:-
"13 POINT ROSTER w.e.f. 2009 MDS COURSE : NEET MDS 2020 50% DELHI UNIVERSITY QUOTA ROSTER REVISED WITH THE DIRECTION OF HON'BLE HIGH COURT ORDER DATED 10.06.2020 (Ms. Nisha Vs Union of India (Ministry of Health and Family Welfare & Ors.) DISTRIBUTION OF MDS SEATS & COLLEGES (A.C. RESOLUTION NO. 70(27) DATED 09.11.2009) Roster point 12 exhausted in the subject Periodontology (MAIDS) (UR), Year 2020.
PwD Roster point 2 exhausted at S.No. 21 in the subject Paedodontics & Preventive Dentistry (MAIDS), Year 2019.
S.No. PwD ROSTER Category College Remarks, Speciality
Roster POINT Earmarked /Instt. If any
34 13 EWS MAIDS Permitted Prosthodontics
and Crown &
Bridge
W.P. (C) 3410/2020 Page 7 of 19
35 14 SC MAIDS Permitted Conservative
Dentistry &
Endodontics
UR = 0 OBC = SC = 1 ST = 0 TOTAL
EWS 1 00 SC ST SEATS = 02
UR OBC (PWD)=0 (PWD)=0
(PWD)=0 (PWD)=0
*Permitted Seat
Note: In the light of Hon‟ble High Court of Delhi order dated 10.06.2020 in the case of Ms. Nisha Vs Ministry of Health and Family Welfare & Ors.
That in case no unreserved category candidate surrenders his/her seat from first counselling, then the first additional seat now released shall be offered to EWS candidate and the remaining second additional seat to SC candidate as per the roster. Since additional two seats have been released only now for second counselling, no ST candidate shall have any right to claim any right on the additional seat."
Note: Four Seats increased under EWS Quota vide letter no F4(43)/MAIDS/MDS Admission/2020/416-17 dated 29.4.2020 of Maulana Azad Institute of Dental Sciences, Delhi and Ministry of Health & Family Welfare Nirman Bhawan, New Delhi Dated 28.02.2020 The Details of subject/specialities is as under:
1) Prosthodontics and Crown & Bridge
2) Conservative Dentistry & Endodontics
3) Orthodontics & Dentofacial Orthopedics
4) Periodontology (As per the GOI guidelines the total number of seats equally distribute in 50% DUQ and 50% AIQ i.e. Sl. No 1 & 2 for Delhi University Quota and Sl no. 3 & 4 to All India Quota) Note: As per decision the reservation has been given rotation wise since year 2009 by applying 13 Point Roster.
Note:-PwD Points have been incorporated according to Government of India 5% reservation for PwD Categories. The seats have been blocked for PwD Reservation for submission to Ministry of Health & Family Welfare for online admissions of PG Counselling.
In case of any discrepancy, the same may be brought to the notice of the Office of Faculty of Medical Sciences, 6th Floor, VPCI Building, University of Delhi, Delhi-110007. Phone no. 27662208, Email: [email protected]."
W.P. (C) 3410/2020 Page 8 of 1910. Mr. Arun Bhardwaj, learned standing counsel for respondents No.1 and 2, on instructions of (Prof.) Dr. B. Srinivas, Assistant Director General (Medical Education), Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India, who is personally present via video link, states that post the judgement and order dated 10th June, 2020, respondent No.2 ran its software for allotment procedure for second round of counselling based on the new roster furnished by the University of Delhi. He, however, states as no candidate had vacated their seat in first round of counselling, therefore, no EWS seat could be allotted. He also states that thereafter the respondent no. 2 had allotted the seats to the candidates according to the fresh roster furnished by the University of Delhi.
11. He emphasises that there is a difference between surrendering of seat and upgradation of seat. According to him, surrendering a seat refers to the fact when a candidate who has been allotted a seat wilfully vacates his/her seat and the seat is vacant. Upgradation of the seat refers to the fact when a candidate who has been allotted a seat in first round does not vacate his/her seat, rather avails the facility to upgrade in second round of counselling 2020. He states that the candidate thus retains his/her seat of first round unless upgraded in second round. However, in the present case, no candidate of unreserved category had vacated their seat in first round. The candidates who had applied for upgradation were further upgraded in second round and the seats which they previously held in second round were allotted to candidates next in line of eligibility of the same category.
W.P. (C) 3410/2020 Page 9 of 1912. (Prof.) Dr. B. Srinivas states that after completion of All India Counselling, five All India seats belonging to ST Quota are available in Dental colleges situated outside Delhi. He offers to accommodate Dr. Pooja Mewal in any of the five vacant seats.
13. However, learned counsel for Dr. Pooja Mewal states that she is interest in admission in a Dental college in Delhi alone.
14. Learned counsel for respondent-MAIDS states that candidates as per the following details have been sponsored by respondent No.2- (MCC) for admission under DU quota for the academic year 2020-21 in first and second rounds of counselling:-
MDS Admission Round - 1 (Delhi Quota) Roll No RANK Allotted Candidate Name Course Name Online Physically Remarks Category Admission Reported in Date MAIDS on 1955219319 161 OBC MOHIT OPERATIVE Apr 16 24.06.2020 -
MACHIWAL CONSERVATIVE 2020
DENTISTRY
1955219642 186 UR CHAYANIKA ORAL AND Apr 16 Not -
SHARMA MAXILLOFACIAL 2020 reported
SURGERY physically
1955218633 190 OBC NASREEN PERIODONTIA Apr 16 - Upgraded
ANSARI 2020 (See
Round- 2
table)
1955219329 151 UR NEHA PEDODONTICS Apr 16 - Upgraded
CHAUHAN AND 2020 (See
PREVENTIVE Round- 2
SURGERY table)
1955219578 1899 SC NIKITA ORAL MEDICINE Apr 20 - Upgraded
AND RADIOLOGY 2020 (See
Round- 2
table)
1955219424 47 UR AISHWARYA PROSTHETICS Apr 20 25 June
SAINI 2020 2020
1955219426 60 UR SHRUTI ORTHODONTIA Apr 20 19 June
MATHUR 2020 2020
1955220637 362 UR SONAL BHATIA PREVENTIVE AND Apr 20 24 June
SOCIAL 2020 2020
DENTISTRY
W.P. (C) 3410/2020 Page 10 of 19
MDS Admission Round -2(Delhi Quotas
Roll No RANK Allotted Candidate
Category Name Course Name Physically Reported
MAIDS and date of
generation of
Admission letter Remarks
NEHA Not Reported Due to
1955219329 151 EWNO CHAUHAN PROSTHETICS Status Quo Order -
In Round-1
Nasreen Ansari
KULDEEP Not Reported Due to (See Round-1
1955218959 2203 OBC SINGH PERIODONTIA Status Quo Order table
OPERATIVE
CONSERVATIVE Not Reported Due to
1955219578 1899 SC NIKITA DENTISTRY Status Quo Order -
SAJID
1955219356 3109 OBC AHMED ORAL PATHOLOGY Jun 19 2020 -
In Round -1
Nikita (See
ORAL MEDICINE AND Round -1
1955218387 2971 SC CHETNA RADIOLOGY Jun 22 2020 table)
In Round -1
PEDODONTICS AND Neha Chauhan
NASREEN PREVENTIVE (See Round -1
1955218633 190 UR ANSARI SURGERY Jun 22 2020 table)
15. Mr. Atul Bandhu, learned counsel for Dr. Neha Chauhan states that his client had an All India Rank (for short "AIR") 151 (one hundred fifty one), whereas the petitioner-Ms. Nisha and Ms. Pooja Mewal had AIR 1654 (One thousand six hundred fifty four) (EWS) and AIR 5246 (Five thousand two hundred forty six) (ST) respectively. He states that Ms. Nisha is interested in pursuing the course that has been offered with roster point seat No.13 i.e. Prosthodontics and Crown & Bridge rather than the course offered with roster point seat No.10 i.e. Paedodontics & Preventive Dentistry.
16. Mr. Atul Bandhu, who also appears on behalf of Dr. Nasreen Ansari states that his client is placed at AIR 190 (one hundred ninety) and had taken admission in first round of counselling itself in OBC category and during the second round was upgraded to Pedodontics in General category.W.P. (C) 3410/2020 Page 11 of 19
17. Mr. Manjeet Singh Ahluwalia, learned counsel for Ms. Sonal Bhatia states that Ms. Sonal Bhatia had an AIR 362 (Three hundred sixty two) and she was successful in first round of counselling as well.
18. In rejoinder, learned counsel for Dr. Pooja Mewal states that based on thirteen point roster for the admission for the academic year 2020-21, the admission seats were required to be filled even for its first round of the Counselling held w.e.f. 12th March, 2020 after increasing minimum two seats permitted on 28th February, 2020, resulting in total thirteen seats as under:-
S. No. Roster Point College Category Correct assigned by assignment as Delhi Univ. per 13-Point Roster 23 2 MAIDS UR-1 UR-1 24 3 MAIDS UR-2 UR-2 25 4 MAIDS OBC-1 OBC-1 26 5 LHMC UR-3 UR-3 27 6 MAIDS UR-4 UR-4 28 7 MAIDS SC-1 SC-1 29 8 MAIDS OBC-2 OBC-2 30 9 MAIDS UR-5 UR-5 31 10 MAIDS UR-6 EWS 32 11 MAIDS UR-7 UR-6 32 12 UCMS OBC-3 OBC-3 33 13 MAIDS EWS-1 SC-2 34 14 MAIDS SC-2 ST
19. He contends that the correct position as stated in the above table, indicates that the quota for EWS/OBC/SC are fully occupied, though at different roster points. However, there is no seat allocation for ST category, whereas seven (07) seats are allocated to unreserved category against the Roster allocation of six (06) seats of unreserved category.
Therefore, unreserved seventh (07th) seat must be replaced or substituted W.P. (C) 3410/2020 Page 12 of 19 by ST seat in the interest of justice.
20. Having heard learned counsel for the parties, this Court is of the opinion that in compliance with 103rd (One hundred third) Amendment to the Constitution of India, assented to by the Hon'ble President on 12th January, 2019, respondents were obliged in law to reserve ten per cent seats in post graduate courses for the EWS candidates in Government Dental Colleges/Institutes i.e. one seat out of thirteen seats in MAIDS.
21. Further, despite MAIDS's letter dated 04th/07th June, 2019 and the decision of the Dental Council of India (for short "DCI") dated 28th January, 2020 recommending to the Ministry of Health and Family Welfare, Govt. of India vide letter dated 30th January, 2020 to increase four seats (in respect of MDS courses) at postgraduate level for the Academic Session 2020-21 to implement reservation of ten per cent seats in postgraduate courses for EWS category candidates, respondents No.1 and 2 prepared a roster for the first round of the counselling, without notifying additional seats and without providing any EWS quota. The letter dated 04th/07th June, 2019 written by MAIDS and the decision of the DCI dated 28th January, 2020 are reproduced hereinbelow:-
A. Letter dated 04th/07th June, 2019 written by MAIDS "No. F4(37)/MAIDS/Aca/Incr.BDS Seats/2019-20/1324-25 Dated 4/6/19 07/6/19 To, The Secretary, Dental Council of India, Aiwan-E-Galib Marg, Kotla Road, New Delhi - 110002 W.P. (C) 3410/2020 Page 13 of 19 Sub: Implementation of reservation of 10% seats in Postgraduate (PG) Courses for the Economically Weaker Section (EWS) candidates by enhancing of PG seats in the existing Dental Colleges/Institutes u/s 10A of the Dentists Act, 1948 for the academic session 2020-2021- Regarding.
....
Sir, With reference to your letter No. DE-MDS(Gen)Admission- 2019/1219 dated 23.5.2019 on the subject cited above, I am to inform that it has been decided to increase the intake of BDS seats by 25% in the year 2020-2021 in one go. At present, MAIDS has 18 MDS seats, to implement 10% reservation, we propose to increase 04 seats at PG level for the academic session 2020-2021. One seat each at PG level will be increased in (i) Prosthodontics, (ii) Conservative Dentistry & Endodontics (iii) Orthodontics (iv) Periodontics Dept(s) Specialities.
Further, MAIDS has 40 BDS seats, to implement the reservation of 10% seats, we propose to increase 10 seats at BDS level during the academic session 2020-21. Sufficient infrastructure is available to increase the 10 seats. Moreover, upcoming Phase-II Project of MAIDS having 12 storey building is likely to be handed over by PWD to MAIDS in September, 2019.
The requisite information in the prescribed format is being sent herewith to Dental Council of India for necessary action. The reservation formula for increased seats is also enclosed for your approval.
Yours faithfully, Encls: As above.
Sd/-
(Dr. Mahesh Verma) Director-Principal Copy to:-Asstt. Registrar (Medical), Faculty of Medical Sciences, University of Delhi - with reference to his email on the subject"
W.P. (C) 3410/2020 Page 14 of 19B. The Decision of the DCI dated 28th January, 2020 "No.DE-15(101)-Academic-(MDS)-2019/7830 Dated 30 January, 2020 To, The Secretary to the Govt. of India Ministry of Health & Family Welfare, Department of Health (DE Section) Maulana Azad Road, Nirman Bhawan, New Delhi- 110011 Sub:- Implementation of reservation of 10% seats in postgraduate Courses for the Economically Weaker Section (EWS) candidates by enhancing seats in the existing Dental Colleges/Institutes u/s 10A of the Dentists Act, 1948 for the academic session 2020-2021 at Maulana Azad Institute of Dental Sciences, New Delhi-reg.
Sir, I am directed to say that the Executive Committee of the DCI in its meeting held on 28.01.2020 considered letter No. F4(37)/MAIDS/Aca/Incr. BDS seats/2019/1324-25 dated 4.6.2019 from the Director Principal Maulana Azad Institute of Dental Sciences, New Delhi thereby requesting for implementation of reservation of 10% seats in postgraduate Courses for the Economically Weaker Section (EWS) candidates by enhancing seats in the existing Dental Colleges/Institutes u/s 10A of the Dentists Act, 1948 for the academic session 2020-2021 applied 4 seats in four subjects in the specialities of (i) Prosthodontics and Crown & Bridge from 2 to 3 seats (ii) Conservative Dentistry & Endodontics from 2 to 3 seats (iii) Orthodontics & Dentofacial Orthopedics from 2 to 3 seats (iv) Periodontology from 2 to 3 seats.
The Executive Committee after some discussion accepted the suggestions of Sub-Committee (13 & 14.1.2020) and decided as under:-
The Executive Committee recommends to the Central Government to grant its permission to Maulana Azad Institute of Dental Sciences, New Delhi, to enhance the 10% seats i.e. total 4 seats for the academic year 2020-2021 in respect of the four subjects of MDS Courses viz (i) Prosthodontics and Crown & Bridge from 2 to 3 seats (ii) Conservative Dentistry & Endodontics from 2 to 3 seats (iii) Orthodontics & Dentofacial Orthodontics & Dentofacial Orthopedics from 2 to 3 seats (iv) Periodontology from 2 to 3 W.P. (C) 3410/2020 Page 15 of 19 seats against the total 18 existing seats which are approved/recognized by GOI in compliance to One Hundred and Third Amendment in the Constitution of India to implement the reservation of 10% seats in Postgraduate Courses for the Economically Weaker Section (EWS) candidates in the existing Government Dental Colleges/Institutes.
The Principal of Maulana Azad Institute of Dental Sciences, New Delhi be directed to obtain an undertaking from Competent Authority of the Government of NCT of Delhi to the effect that they will ensure to fulfil all the requirements as per DCI MDS Course Regulations, 2017 viz. infrastructure, teaching staff, equipments etc. for above increased annual intake capacity as prescribed by Dental Council of India by the time the said increase intake capacity of the college comes up for recognition and furnish to this Council within one month positively.
The Principal of Maulana Azad Institute of Dental Sciences, New Delhi, the Secretary of Medical Education and Health Departments of the Govt. of NCT of Delhi as well as the Directorate of Medical Education of the Govt. of NCT of Delhi, may also be informed for necessary action.
The above decision of the Executive Committee of the DCI is forwarded to the Govt. of India, for information and necessary action.
Moreover, a copy of the (i) letter No. F4(37)/MAIDS/Aca/Incr. BDS seats/2019/1324-25 dated 4.6.2019 from the Director Principal Maulana Azad Institute of Dental Sciences, New Delhi is attached herewith for your ready reference.
Yours faithfully, Sd/-
(Anil Kumar) Assistant Secretary Dental Council of India Copy for information and necessary action to:-
1. The Principal, Maulana Azad Institute of Dental Sciences, New Delhi.W.P. (C) 3410/2020 Page 16 of 19
2. The Secretary (Health & FW), Department of Health & Family Welfare, Government of NCT of Delhi, Room No. A-907, A Wing, 9th Level, Delhi Secretariat, I.P. Estate, New Delhi - 110002.
3. The Director Health Services, Directorate of Health Services, F-17, Karkardooma, Delhi- 110032 Sd/-
(Anil Kumar) Assistant Secretary Dental Council of India O.C.
1. The President, Dental Council of India, New Delhi.
2. No. OE-55-2019 (EC-28.01.2020)/Item No. 5(18)."
22. After going through the record placed before us and after considering the arguments advanced by learned counsel for parties, this Court is of the opinion that Constitutional amendments are to be implemented forthwith and are not to be implemented at the whims and fancies of the officials of respondents who did not release the requisite additional seats before the first round of counselling.
23. In any event, as per the roster prepared for the second round of counselling after taking into account the increase in seats and 103rd (One hundred third) Amendment to the Constitution, roster seat No.10 was earmarked for a EWS candidate (one seat). However, as this Court was informed that no EWS candidate had been admitted in first round of counselling in MAIDS in Postgraduate course in MDS-2020, this Court vide its judgment and order dated 10th June, 2020 directed that the first vacant seat be allotted and filled through EWS quota as per merit. After the EWS quota had been filled up, the thirteen point roster was directed W.P. (C) 3410/2020 Page 17 of 19 to be implemented further. Consequently, vide judgment and order dated 10th June, 2020, this Court had not substituted an ST seat with EWS seat, but had „squeezed in‟ a seat for the EWS quota in accordance with the 103rd (One hundred third) Constitutional Amendment and in consonance with the intent behind the decision to increase seats in postgraduate course by MAIDS, DCI and UOI.
24. It was, however, clarified in the judgment and order dated 10 th June, 2020 that in the event an unreserved candidate surrenders his/her seat then the same shall be allotted to the EWS quota and thereafter the admission shall take place according to the thirteen point roster as an extra unreserved candidate had been admitted in first round of counselling inasmuch as the 10th (Tenth) seat in the thirteen point roster should have gone to the EWS and not to the unreserved category candidate. Consequently, it was clarified that in the event an unreserved category candidate surrenders or vacates his/her seat then the same shall be allotted to the EWS quota candidate and thereafter admission, meaning thereby roster seat No.13 and 14, shall go to SC and ST quota candidates respectively.
25. From the affidavits placed on record in the present review application by the parties impleaded on 26th June, 2020 (i.e. last date of hearing), it now transpires that roster seat No.10 (Ten) which should have been allocated to EWS candidate in first round of counselling had been taken away by Ms. Neha Chauhan (as luck would have it) as an unreserved candidate, even though she is an EWS candidate.
26. In fact, if the roster of first round of counselling had been prepared after the release of additional seats by respondents, the seat No.10 would W.P. (C) 3410/2020 Page 18 of 19 have gone to EWS candidate and as Ms. Neha Chauhan is the most meritorious candidate in EWS category, the said seat is declared by this Court to be in EWS category and duly filled in by her admission.
27. If the above course is followed, then the mandate of 103 rd (One Hundred Third) Constitutional amendment stands fulfilled and thereafter roster seats No.13 and 14 would go according to the initial roster prepared by the respondents for second counselling to SC and ST candidates.
28. Accordingly, present review application is allowed and the judgment and order dated 10th June, 2020 is recalled and the result of second round of counselling conducted by respondents is set aside. Respondents are now directed to hold second round of counselling in off- line mode for roster seats No.13 and 14 for filling the SC and ST candidate respectively as per merit in accordance with the new thirteen point roster prepared after taking into consideration the EWS seat. The second round of counselling be held for these two vacant seats on 08 th July, 2020 at 11.00 A.M. by the respondents.
29. The review application stands disposed of accordingly.
30. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J SANJEEV NARULA, J JULY 01, 2020 js W.P. (C) 3410/2020 Page 19 of 19