LexSAMTA AANDOLAN SAMITI & ANR. versus UNION OF INDIA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B [2013) 11 S.C.R. 1124 SAMTA AANDOLAN SAMITI & ANR. v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 677 of 2013) DECEMBER 11, 2013 [K.S.RADHAKRISHNAN AND A.K. SIKRI, JJ.] Education - Admission - Medical admissions - MBBS - Choice given by respondents to SCISTIOBC candidates C taking admission in open competition, to opt for better Institution of their choice for which he/she would have been eligible as per the rules of reservation - Challenged - Whether once a candidate in reserved category had taken admission under the open competition, he could not have o been given a choice for better Institution on the premise that he/she will be governed by Rules of reservation - Held: Respondents, at the time of counseling, only accorded a higher/better choice to meritorious reserved candidates (MRC) who got recommended against general/unreserved E seats vis-a-vis those reserved category candidates who were accommodated against their quota - It was an inter-se adjustment between two kinds of persons belonging to reserved category - In inter-se merit, persons who were able to find their place in general list on account of their merit are F definitely better placed than those candidates who are selected in the reserved category, though both types of candidates belong to reserved category - If between two categories of persons belonging to same class, higher choice is not given to the persons who are better in merit viz. the MRCs, it would clearly be injustice to them - Action of the G respondents not prejudicial to the interests of the petitioners in any manner. H The petitioners filed the instant Writ Petition under 1124 SAMTA AANDOLAN SAMIT! v. UNION OF INDIA 1125 Article 32 of the Constitution pleading that while making A admissions in the MBBS course, the respondent-All India Institute of Medical Sciences (AllMS) was not strictly adhering to the reservation policy; and questioning the manner in which seats were allotted to the candidates belonging to reserved category. As per them, the AllMS B far exceeded the quota prescribed for the reserved category candidates resulting in more than 50 % reservations of the seats, which is contrary to the law laid down by this Court. The petitioners objected to the choice given by C respondents to SC/ST/OBC candidates who had taken admission in the open competition, to opt for a better Institution of their choice for which he/she would have been eligible as per the rules of reservation. This, according to the petitioner, was impermissible as once a D candidate in reserved category had taken admission under the open competition, he could not have been given a choice for better Institution on the premise that he/she will be governed by Rules of reservation. The stand of the respondent-AllMS, on the other E hand, was that the methodology adopted by the AllMS for admission in MBBS course was perfectly valid and justified. The respondent maintained that 50% quota had not been breached and what was done in fact was inter se adjustment among those who belong to reserved F class i.e. those who were selected on their own merit and found their way into general category vis-a-vis those who were admitted on the basis of reservation provide~ in the respective reserved categories. It was contended on behalf of the respondent that this was necessary as G otherwise those persons from reserved category who were more meritorious would be in a disadvantageous position vis-a-vis those who secured admission on the basis of relaxed standard under the reserved quota meant for them. H 1126 SUPREME COURT REPORTS [2013] 11 S.C.R. A Dismissing the petition, the Court HELD: 1.1. When certain persons belonging to reserved category get selected in open competition on the basis of their merit, they are not to be counted in the reserved category against the reserved category quota. 8 It is open to the authorities to fill the posts meant for reserved category candidates from amongst the persons in such categories after excluding those who have found their place in general merit. As a fortiori, while calculating the limit of 50% reservation, those candidates belonging C to reserved category who have found their place on the basis of their merit competing with general candidates are not to be taken into consideration. [Para 15] [1143-G-H; 1144-A] o 1.2. Those members who belong to reserved category but get selected in
Excerpt shown. Read the full judgment & AI analysis in Lexace.