Bombay High Court
Vijay L. Deshmukh And Etc. vs The Dean, Medical College, Nagpur on 12 August, 1986
Equivalent citations: AIR 1987 BOMBAY 56, (1986) MAH LJ 776
JUDGMENT Deshpande, J.
1. The common question that arises for decision in these eight writ petitions is whether by virtue of Rule 1 (16) of the Annexure to the Government Resolution Medical Education and Drugs Department No MED 1081 7575/MED-4, dt 21st December 1984, the Deans of the Medical Colleges are obliged to allot the vacant seats, if they remain unfilled after 30 days from the date of opening of the colleges, to the candidates belonging to the open category irrespective of the initial reservations contemplated by part-D of the Annexure.
2. The eight petitioner, Who had passed the XII-standard H.S. C. examination in March 1985, applied for admission to the Medical Colleges located at Nagpur for the academic session 1985-86 under Part-C of the aforesaid rules promulgated on 21st December, 1984, The admissions were closed at serial No. 212, and the petitioner-Vijay Deshmukh in Writ Petition No. 1333 of 1986, who had secured 257 marks, and the other petitioners, were not placed in the provisional select-list. Their grievance is that though under Rule 6 of part-e, the Deans of all Medical Colleges are authorised to admit the students of the local Universities to the seats, except those mentioned under rule D($)(iv) lying vacant, if ;any, after 30 days from the date of opening of the colleges, strictly on the basis of merit from amongst be candidates from the waiting-list, they were not admitted, though a total of 20 seats lay vacant in the Government Medical College and Indira Gandhi Medical College at Nagpur. By these petitions they therefore seek an appropriate writ directing the Deans of the Medical Colleges to consider them for the 20 open seats which are laying vacant.
3. The respondent-Dean, Medical College Nagpur, contended that all the seats of the open category for the 1st M.B.B.S. course during the academic year 1985-86 have been filled strictly on merit basis and no seat remains vacant. According to the respondent, the allotment of the total seats was aa follows -
for table see next page:
One of the candidates who was considered for the other vacant seat of the Government Medical College under the second Category, did not report for admission, and this position was conveyed to the Government telegraphically on 3-12-1985, as the respondent had no authority to fill these two reserved seats. The candidates belonging to the categories of Backward Classes and Scheduled Tribe V.J.N.T were required to submit valid caste certificates from the Director of Tribal Research and Training Institute, Pune, along with their applications for admission, but they had not produced such certificates and so the merit lists regarding these candidates were sent to be Director of Tribal Research and Training Institute, Pune, and the other concerned authorities. Some challenges have been raised to the decisions of the authorities who have to verify their claims, and pending the decision GOVERNMENT MEDICAL COLLEGE, NAGPUR (Total Seats : 200) ________________________________________________________________________________ Category No. of No. of No. of seats seats seats vacant.
sanctioned. filled in.1 2 3 4
________________________________________________________________________________
1. Open 123 123 Nil
2. Sons/daughters of Central Govt.
Employee transferred to Maharashtra State................. 2 1 1
3. Sons/Daughters of servicemen & Ex-
servicemen, Under Rule D(3).5 5 Nil 4. Scheduled Caste.......... 26 26 Nil 5. Scheduled Tribe..... 14 2 12 6. V.J.N.T. ............ 8 6 2 7. Other Backward class 20 20 Nil 8. Govt. of India Nominees. 2 2 Nil Total..... ________ _________ __________ 200 185 15 INDIRA GANDHI MEDICAL COLLEGE, NAGPUR: (Total Seats : 60) 1. Open 37 37 Nil 2. Sons Daughters of Servicemen & Ex- Servicemen 3 3 Nil 3. Scheduled Caste 8 8 Nil 4. Scheduled Tribe... 4 4 5. V.J.N. T 2 2 Nil 6. Other Backward Classes 6 6 Nil __________ __________ __________ Total 60 56 4
in appeal and the writ petitions filed in this Court, it was not open to the respondent to fill those vacant seats. It was urged that in any event, the seats, which were reserved, are not available to the petitioners who belong to the open category and they cannot lav any claim in respect of these vacant seats
4. Part-D of the Annexure to the Government Resolution, dated 21st December, 1984, relates to reservation and provides for the percentages for reservation for the different categories Under ...............
therein does not get the required number to candidates for the percentage laid down by Government, the seats so remaining vacant shall be filled in form among the students from other two categories with reference to their inter segment, subject to the proviso. It is not necessary to quote the proviso here, because that has no relevance to the claim of the petitioners. Suffice it to say that the seats for the reserved candidates, in view of the provisions of part-D do not become available even in the event of some seats therein.
5. Part-F relates to the process of selection. The relevant clauses of that Part are (1) and (6) which are as follows:--
"(1) Selection of candidates from amongst those who have applied for admission to medical college will be on the basis of merit as determined by the marks obtained in the Science subjects as specified in Rule C and further subject to additions as detailed under the Rule F. These conditions will also govern the selection inter se of candidates for the reserved seats at the colleges.
................................................................ ............................... ....................................
(6) The Deans of all Medical Colleges are authorised to admit the students of the local Universities to the seats, except those mentioned under Rule D(4)(iv) lying vacant, if any, after 30 days from the date of opening of the colleges. Such admissions should be strictly on the basis of merit form amongst the candidates from the waiting list."
The first part of Clause (1) relates to the method of determining merit which is common to all the categories, while the second part requires the same conditions to be observed while determining the merit inter se of the candidates for the reserved seats at the colleges. The term 'inter se' as understood in common parlance as well as mentioned in Jowits Dictionary of English Law, 2nd Edition by John Burke means among themseleves.
6. Part-D which classifies the different categories of reservations cannot be separated while considering clause (1) of part - E which means that separate merit-lists have to be prepared for considering the inter se merit of the different reserved categories for exhausting the quota allotted to each category of reservation.
7. The contention of Shri Jain, the learned Counsel for the petitioners, was that the reservation would lapse after 30 days from the date of opening of the colleges, in view of clause (6) and the Deans of Medical Colleges will have to admit students of the local Universities to the vacant seats irrespective of the initial reservation only subject to the admissions being made strictly on the basis of merit from amongst the candidates from the waiting-list. This part of clause (1) which requires the inter se merit of the candidates to be considered for reserve seats at the colleges, which can be done only on the basis of separate lists prepared for different categories of reservation. Shri Jain. however, referred particularly to clause (5) under which the Dean concerned should first declare a provisional merit list for admission and display it on the Notice Board, which should contain the figures of marks given to a candidate for each item of weightage. A procedure has been prescribed for considering the challenges to such a list within a period of 5 days from the date of publication of provisional merit list at the Notice Board. The contention was that no separate provisional merit-lists are contemplated and, therefore, clause(6), which follows C1. (5) and which comes into play only after the provisional merit list has been published, does way with the reservations thirty days after the opening of the colleges, if such quota cannot be filled within the period of thirty days.
8. Now, it must be noted that clause(5) has reference to a provisional merit list for admission and not to any waiting list. The waiting list would be one prepared under clause (1) of part- E for each category separately. In the provisional merit list names would appear only from the select list and those names, which do not find place in the provisional merit list, would provide the waiting list for each category separately. We are informed at the bar that such select lists are being prepared as required under Clause (1) of part-E; but the provisional merit list is a common list. The latter part of Clause (6) requires that admissions should be strictly on the basis of merit from amongst the candidates from the waiting list, and this surely will have reference to the select lists prepared under Clause (1).
9. Shri Jain referred to the colossal loss that would be occasioned to the Government by the seats reaming vacant, in view of the high cost involved in the matter of medical education , and the frustration that would be caused to the young aspirants who want to get an entry into the coveted field of medical education. It does not appear to us that the seats remain vacant throughout the duration the vacancies is inevitable in view of the requirements of the rules which have been framed for ensuring that false claims are not made for the reserved categories. That is why a process of verification by the several committees has been thought of together with a right of appeal. If reservation is to be meaningful and is to be restricted for the categories for which they are indended, no exception can be taken to the checks provided together with a right of appeal. The learned Assistant Government Pleader stated that time is taken not only before the scrutiny committees but also before the appellate authorities and these decisions are again challenged by writ petitions before this Court. The Deans of the Medical Colleges, who are authorised to admit students cannot act promptly with a view to the filling of vacancies within 30 days from the date of opening of the colleges in view of the difficulties involved.
10. The question however is wheather the seats allotted for the different categories of reservation would be available to the petitioners who do not belong to those categories, but to a different category of candidates who complete for open seats. If the argument of Shri Jain is accept it would only mean that whatever may be the merit of the candidate laying his claim to the reserved quota, his claim would be defeated if the seats are not filled in within 30 days from the date of opening of the colleges and all these seats would become available for the open category. Such a result cannot flow from the rules which we have considered. It is obvious that the reservation which is available initially continues to be available even after the period of thirty days from the date of opening of the colleges. Giving any different meaning to these rules would violate the constitutional mandate and render the rules which have been framed for effectuating the constitutional mandate, illusory.
11. In the result we find that Clause(6) of Part-E does not authorise the Deans of Medical Colleges to convert the quota allotted to the reserved categories for filling the seats from the open category and that quota has to be filled in pursuance of the rules bearing on that subject. We see no merit in all these petitions. They are dismissed, but there will be no order as to costs.
12. Petition dismissed.