CASE NO.: Writ Petition (civil) 393 of 2002 PETITIONER: Supreet Batra & Ors. RESPONDENT: Union of India & Ors. DATE OF JUDGMENT: 27/01/2003 BENCH: S. RAJENDRA BABU, D.M. DHARMADHIKARI & G.P. MATHUR. JUDGMENT:
J U D G M E N T
[With W.P.(C) No.473/2002]
RAJENDRA BABU, J. :
These petitions are offshoot of a Scheme framed by this Court in
Sharwan Kumar, etc.etc. vs. Director General of Health Services & Anr.
etc.etc., 1993 (3) SCC 332, prescribing the procedure to complete the process of
allotment of 15 per cent of All-India quota for admission to MBBS/BDS courses in
various colleges in the country by September [now changed to 7th August] each
year. The said Scheme was modified pursuant to an order made in I.A.No.10 of
2000 in WP{C} No.443 of 1992 and the date fixed, as stood altered, as indicated
therein and the last date for receipt of vacancy position is fixed as 7st August of
each year and the IInd round of counselling is proposed to be taken between the
period from 18th July to 24th July of each year.
Now in these petitions, it is contended that selection or counselling has not
been done in some States and therefore, they would not take full advantage of
IInd round of counselling. The details are set forth as under :
a. The date of the PMT in Punjab has been altered from 23rd June to 21st July,
2002.
b. The States of Haryana and Uttar Pradesh have only conducted their PMT on
30th June, 2002.
c. In the state of Karnataka the counselling sessions for the Karnataka quota
will commence on the 31st of August and the conselling sessions for the non-
Karnataka quota will commence on 11th September, 2002.
d. In the State of Rajasthan, the results of the PMT were delcared on 26th June,
2002. However, no counselling schedule has been declared so far.
e. In the State of Bihar, the date of the PMT had been shifted from 9th June to
11th July, 2002.
f. In the State of Jharkhand, the date of the pre-entrance test for screening has
been fixed at 7th July, 2002 and no date has been fixed for the main entrance
text i.e. the P.M.T.
g. In the State of West Bengal, no date has been announced vis–vis the
counselling sessions.
h. In the state of New Delhi, the DPMT was conducted on 18th May, 2002 and
the date of the counselling is scheduled to be held on 16th and 17th July,
2002.
i. In the States of Gujarat and Himachal Pradesh, they have not conducted the
PMT yet.
j. Vis–vis All India All India Institute of Medical Sciences, the test was
conducted on 1st June, 2002 and the counselling is scheduled to be held on
29th July, 2002.
It is submitted that the candidates from these States who have been
allotted seats in the first round of allotment may not have been given the course
or college or place of their choice and in case later on they get the allotment of
their choice under the State quota, then they will vacate the seat allotted to them
under the All-India Quota. Hence they apprehend that more than 700 seats will
fall vacant once the counselling is conducted in the aforesaid States. Therefore,
it is submitted that a IIIrd round of counselling is required to be held in the special
features of the case and that the vacant seats, if any, should arise in the 15 per
cent All-India Quota seats should not be allowed to revert back to the
States/Colleges after 7th August, 2002 and that instead of successful and
meritorious candidates in the All-India Quota should be allotted these seats and
pass such other orders as may be necessary.
This Court in Dr. Pradeep Jain & Ors., etc. etc. vs. Union of India &
Ors., etc. etc., 1984 (3) SCC 654 and Dr. Dinesh Kumar & Ors. vs. Motilal
Nehru Medical College & Ors., 1986 [3] SCC 727, while disapproving of the
total reservation on different scores in regard to admission of students in medical
courses such as MBBS and post-graduate specialties, stated that “the very
mandate of the equality clause viewed in the perspective of social justice would
justify some extent of reservation preferences for students passing the qualifying
examination”. The primary consideration in formulating the scheme for creating a
reservation in favour of candidates is broadly based on national approach as
against the State based reservation. This background resulted in the formulation
of the Scheme, which is sought to be interpreted or modified now. We should not
read the Schemes framed this Court as if they are Statutes or that inexorable
rights are conferred upon the parties. For the academic year 2002-2003, 1484
seats for MBBS course and 150 seats for BDS course, totaling 1634 seats were
made available by the States under the 15% All-India Quota. On the basis of the
results declared by respondent No.2, 2778 successful candidates were sent call
letters. By the end of the first round of counselling, the entire 1634 seats were
allotted up to 1835th rank.
The contention of the petitioners is that inasmuch as certain
circumstances have arisen in view of change of date in the matter of counselling
and date by which intimation of the vacancy position to the Director General of
Health Services, the scheme framed by this Court in Sharwan Kumar’s case is
not being given full effect with the consequence of seats reverting to States thus
frustrating the Scheme framed by this Court.
As per clause 14 of the Scheme, if the Dean or the Principal of the
concerned college does not notify the vacancy position due to non-joining of
candidate or candidates in the first round of counselling before the date indicated
therein, the seats allotted to the college will be treated as vacant and allotment of
candidates will be made against these deemed vacant seats and it shall be the
responsibility of the Dean or the Principal of the concerned college to give
admission to those candidates. The IInd round of allotment by personal
appearance will be for candidates who were allotted a seat in the first round and
who wish to change their allotted college/course and wish to join the same
against vacancies arising due to non-joining of the candidates allotted in the first
round of personal appearance and for candidates on the merit list who could not
be considered for allotment in the first round. It is thus the IInd round of
counselling by personal appearance was to be concluded by a particular date.
When detailed scheme has been framed through orders of this Court and
the manner in which it has to be worked out is also indicated therein, we do not
think that if in a particular year there is any short fall or certain number of seats
are not filled up, the same should be done by adopting one more round of
counselling because there is no scope for the third round of counselling under
the Scheme. It would not be advisable to go on altering the scheme as and
when seats are vacant. What is to be borne in mind is that broad equality will
have to be achieved and not that it should result in any mathematical exactitude.
Out of about 1600 seats, if 200 seats are not filled up for various reasons and
such not filled up seats were much less in the earlier years, we do not think it
should result in the third round of counselling. If that process is to be adopted
then there will be again vacancies and further filling up of the seats falling vacant
will have to be undertaken. In that process, it will become endless until all the
seats under the All-India Quota are filled up. That is not the object of the
Scheme formulated by this Court. The object was to achieve a broad based
equality as indicated by us at the outset and we do not think that any steps have
to be taken for altering the Scheme. We have taken identical view in the decision
in Writ Petition (Civil) No. 407 of 2001 (Ms. Neelu Arora & Anr. vs. Union of
India & Ors.) and connected matters disposed of on 24.01.2003. Moreover, this
Court in Medical Council of India vs. Madhu Singh & Ors., 2002 (7) SCC 258,
has taken the view that there is no scope for admitting students midstream as
that would be against the very spirit of statutes governing medical education.
Even if seats are unfilled that cannot be a ground for making mid-session
admissions and there cannot be telescoping of unfilled seats of one year with
permitted seats of the subsequent year. If these aspects are borne in mind we
do not think any reliefs as sought for by the petitioners can be granted under
these petitions. These writ petitions shall stand dismissed.
By an interim order this Court had directed that the seats in the All-India
quota should not revert to the States. As a consequent these seats have not
been filled up either in All-India quota or State quota and with the dismissal of
these petitions, that interim order gets dissolved. In I.A.No.13 filed in W.P.[Civil]
393 of 2002, it is brought to our notice that the State of Kerala had extended
period of Rank List upto December 31, 2002 only and thereafter applicants would
lose their eligibility. It is made clear that period of validity shall stand extended
until the appropriate steps are taken by the concerned authorities in that State.
Interlocutory Applications filed shall stand disposed off in view of the order
made by us in the main petitions.
