RAJIV MITTAL versus MAHARSHI DAYANAND UNIVERSITY AND ORS.

Citation: [1997] SUPP. 5 S.C.R. 573 · Decided: 28-11-1997 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Appeal(s) allowed

Judgment (excerpt)

RAJIV MITTAL 
v. 
MAHARSHI DAY ANAND UNIVERSITY 
AND ORS. 
NOVEMBER 28, 1997 
[J.S. VERMA, CJ., B.N. KIRPAL AND M. SRINIVASAN, JJ.] 
A 
B 
Constitution of India-Article I6(4)-Information Brochure of the 
Maharshi Dayanand University, Rohtak-Reservations-Admissions in 
Medical Colleges in State of Haryana-System of counselling-Reserved C 
category candidate having failed to secure admission in general category in 
first counselling, could secure admission to reserved seat in first counselling-
Once admission obtained in Medical College could not be allowed to take· 
part in second counselling for general category-Note 2 in the Information 
Brochure held inapplicable in fact situation. 
D 
For the session 1996-97, Rohtak Medical College affiliated to 
respondent University had 60 M.B.B.S. free seats, out of which 49 seats were 
to be filled from the open category candidates while remaining I I seats were 
reserved for backward class candidates. In the entrance examination, one S, 
on the basis of his marks, secured position at seriaI°No. I in the category E 
of backward class quota while in the general category, he had been placed 
at merit position No. 62. As the seats to the medical colleges are filled on 
the basis of counselling where candidates are given option to .select the 
college where they want to study, in the first counselling for the 49 seats 
in the open/general category, 'S' did not secure any seat in the gener.il F 
category because of his low merit position he was placed at serial No. I in 
the category of backward class. Therefore he got selected and secured 
admission to the M.B.B.S. Course at the Medical College in the reserved 
category. Inasmuch as few seats in the general category had fallen vacant, 
second counselling was held and students upto serial No.60 in the merit list 
were granted admission and there still remained one seat in the general G 
category which remained to be filled. The candidate at merit list No.61 did 
not join the counselling, 'S' who was at merit list No.62 having already 
secured admission. Also did not appear for the counselling for general 
category. As Candidates at serial Nos. 63,64 and 65 also not joining for 
counselling, this seat was thereupon offered to the appellant who was at H 
573 
• 
574 
SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. 
A serial No.66 who accepted the offer of admission and joined the Medical 
College. Respondent 3, reserved category candidate, not able to get admission 
inasmuch his merit position in the reserved category was at serial No.12 
while the number of seats in this category in that college were only 11, all 
those seats having been filled. Filed a writ petition contending that 'S' should 
B have been adjusted against the general category seat which had been allotted 
to the appellant in the second counselling, and if this was done. One seat in 
the reserved category would fall vacant which would fall to respondent 3. 
The High Court allowed the writ petition holding that 'S' should have 
been adjusted against the seat in the general category which had been 
C offered to the appellant at the time of second counselling and that the 
reserved seat, which would be so vacated by 'S' should be offered and admission 
granted to respondent 3, and that the s~at occupied by the respondent was 
directed to be given to the appellant and writ petitioner should be shifted to 
seat which was occupied by the appellant in the Medical College. 
D 
This appeal had been filed against the judgment of the High Court The 
appellant contended that the High Court could not direct that 'S' should be 
considered as having been given the general category seat in the second 
counselling when he had already secured admission in the first counselling 
in the reserved category. The respondent relying on Note 2 of the Information 
Brochure of the respondent University contended that 'S' could only be 
E adjusted against the open category seat and he could not be considered for 
the reserved category. 
Allowing the appeal, the Court 
HELD: I.I. The system of counselling for the purpose of granting 
F admission to the various medical colleges in the State of Haryana is now 
regarded as most equitable one where options are given of various seats to 
the students in accordance with their overall merit p~sition in the combined 
entrance examination. Which examination is competitive in nature. If as a 
result of first counselling all the seats, which are available, are

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