LexTRIPURARI SHARAN AND ANR. versus RANJIT KUMAR YADAV & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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TRIPURARI SHARAN AND ANR.
v.
RANJIT KUMAR YADAV & ORS.
(Civil Appeal No. 157 of 2018)
JANUARY 11, 2018
[ARUN MISHRA AND
MOHAN M. SHANTANAGOUDAR, JJ.]
Education/Educational Institutions – Admission to medical
courses – Procedure to be followed in case of a Meritorious
Reserved Candidate (MRC) and allotment of seat in college – The
reserved category candidate is entitled to admission on the basis of
his merit and he will have the option of taking admission to the
colleges where a specified number of seats are kept reserved for
the reserved category – However, while computing the percentage
of reservation, he will be deemed to have been admitted as an open
category candidate and not as a reserved category candidate – In
this manner, the number of seats in each category remains constant
and the upper limit of 50% reservation is not breached.
Dismissing the appeals, the Court
HELD: 1. Often, in a competitive examination held for the
purpose of admission in technical and medical institutions etc.
some candidates belonging to reserved category/categories,
qualify for the higher ranking on the basis of their own merit and
depending on their performance in the common entrance test,
are placed in the general merit list. Such class of candidates
belonging to reserved categories who qualify on their own merit,
to be placed in general merit list, are described as Meritorious
Reserved Candidate (MRC). A MRC who goes on to occupy a
general category seat is not counted against the quota reserved
for a reserved category candidates, but is treated as an open
competition candidate or general merit candidate. [Para 7][177-
D-E]
Indra Sawnhey v. Union of India (1992) Suppl. 3 SCC
217 : [1992] 2 Suppl. SCR 454; R.K. Sabharwal v. State
of Punjab (1995) 2 SCC 745 : [1995] 2 SCR 35 –
referred to.
[2018] 1 S.C.R. 171
171
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SUPREME COURT REPORTS
[2018] 1 S.C.R.
2. Two questions arise for consideration: i. Whether a MRC
can opt for a seat earmarked for reserved category? If answer is
yes; what happens to the 50th seat which was to be allotted to
MRC (i.e. 50th general merit candidate) had he opted for a seat
meant for the reserved category to which he belongs? In the
matter on hand, it is not the case that any other candidate of the
reserved category, other than the candidate taking up the MRC’s
general category place in choosing general category seat, will be
adjusted. A MRC in medical admissions has more marks than
the last general merit candidate, hence he shall be treated as a
general category candidate. Only a choice of college seats in the
reserved category is open to him. In this manner, the number of
seats in each category remains constant and the upper limit of
50% reservation is not breached.[Paras 7, 12 and 13][178-F; 187-
E, G]
Shri Ritesh R. Sah v. Dr. Y.L. Yamul (1996) 3 SCC 253
: [1996] 2 SCR 695 – relied on
Union of India v. Ramesh Ram & Ors. (2010) 7 SCC
234: [2010] 6 SCR 698; State of Bihar v. M. Neethi
Chandra (1996) 6 SCC 36 : [1996] 5 Suppl. SCR 696
– held inapplicable.
Alok Kumar Pandit v. State of Assam & Ors. 2012 (13)
SCC 516 : [2012] 11 SCR 87; Samta Aandolan Samiti
v. Union of India (2014) 14 SCC 745 : [2013] 11 SCR
1124; Dr. Anil Kumar v. State of Bihar (1998) 9 SCC
405 – referred to.
3. A MRC can opt for a seat earmarked for the reserved
category, so as to not disadvantage him against less meritorious
reserved category candidates. Such MRC shall be treated as part
of the general category only. Due to the MRC’s choice, one
reserved category seat is occupied, and one seat among the
choices available to general category candidates remains
unoccupied. Consequently, one lesser-ranked reserved category
candidate who had choices among the reserved category is
affected as he does not get any choice anymore. To remedy the
situation i.e. to provide the affected candidate a remedy, the 50th
seat which would have been allotted to a MRC, had he not opted
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for a seat meant for the reserved category to which he belongs,
shall now be filled up by that candidate in the reserved category
list who stands to lose out by the choice of the MRC. This leaves
the percentage of reservation at 50% undisturbed. 50%
reservation rule should not be breached under any circumstance.
[Paras 14, 15][188-E-G]
Case Law Reference
[1992] 2 Suppl. SCR 454
referred to
Para 7
[1995] 2 SCR 35
referred to
Para 7
[1996] 2 SCR 695
relied on
Para 8
[2010] 6 SCR 698
held inapplicable ParExcerpt shown. Read the full judgment & AI analysis in Lexace.