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1999 DIGILAW 1443 (RAJ)

Mukul Cocasse v. State of Rajasthan

1999-12-03

GYAN SUDHA MISRA

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Honble MISRA, J.–SBCWP NOS. 5264/99 & 5265/99 The petitioners in SBCWP Nos. 5264/99 and 5265/99 are serving as Medical Officers in the Government of Rajasthan who appeared in the Pre Post-Graduate Entrance Examination for the year 1999 for admission to M.D./M.S./Diploma Courses in various colleges of Rajasthan. The examination was conducted in accordance with Ordinance 278-E and 278-G of the University Hand-Book which includes guidelines providing reservation of seats to be filled by several categories which are to the following effect. ``(a) 25% seats (irrespective of the other reservations made hereunder) will be filled in as per allocations made by the Director General of Health Services, Government of India, New Delhi, on the basis of the result of All India Competitive Entrance Examination for admission to P.G. Courses (M.D./M.S./Diploma) on open merit. (b) 25% of the seats, after excluding the seats to be filled in as per allocations made by the Director General of Health Services, Govt. of India, New Delhi as mentioned in clause (a) above, shall be reserved for in-service candidates of Rajasthan State Medical Services in the various specialities as determined and fixed from time to time by the State Government out of which 8% seats shall be reserved for in-service natural born scheduled caste candidates and 6% for natural born scheduled tribe candidates as per roster system to be notified by the State Government from time to time. The State Government shall communicate such numbers of seats speciality-wise to the Principals of the respective Medical Colleges and the Convener, Central P.G. Admission Board (i.e. Principal, S.M.S. Medical College, Jaipur.). (c) The remaining seats shall be called `General Seats 8% of the remaining seats shall be reserved for natural born scheduled caste candidates and 6% seats for natural born scheduled tribe candidates to be filled by roster system notified by the State Govt. The unfilled seats from those reserved under clause (a) and (b) shall be filled by the candidates of general category. The remaining seats reserved for SC/ST category in clause (c) after exhausting the waiting list shall also be filled by the general category candidates. (d) All In-service Teacher (Senior Demonstrator) selected by R.P.S.C. be allowed automatic registration in Post-Graduate studies in the same subjects in which they are selected. (2). The remaining seats reserved for SC/ST category in clause (c) after exhausting the waiting list shall also be filled by the general category candidates. (d) All In-service Teacher (Senior Demonstrator) selected by R.P.S.C. be allowed automatic registration in Post-Graduate studies in the same subjects in which they are selected. (2). The Pre P.G. Entrance Examination was held in the month of May, 1999 and the result was declared from 24th to 28.07.1999 after which a counselling of the successful candidates was held. The petitioner was allotted Diploma in Radio Diagnosis at Jaipur but his first preference was M.D. Degree in Radio Diagnosis at Jaipur. The cause for him to move this Court by filing this writ petition arose when approx. 40-50 seats could not be filled in the category which were ear-marked for students from All India category. In terms of the guidelines and Ordinance 278-E(II) (c), the unfilled seats ear-marked for the All India category were transferred to be filled in by the candidates of Rajasthan from the general category and for this purpose reshuffling of the seats started taking place. (3). The petitioners felt seriously aggrieved of the action of this University of Rajasthan which took steps for filling up of unfilled seats from those reserved for the All India category by the candidates of general category as provided in Ordinance 278-E and has urged by filing this writ petition that the left-over/unfilled seats of the All India category should not be entirely filled up by the candidates who qualified in the general category but those seats should be equally divided between the general category candidates and the in-service candidates of Rajasthan. It may not be out of contest to mention herein that the State of Rajasthan has made 50% reservation of seats for entrance into the P.G. Course for M.D. and M.S. to be filled up by the in-service candidates and on this analogy it is submitted that the unfilled seats which were reserved for the All India category must also be divided between the general category candidates and in-service candidates of the Rajasthan in the ratio determined by the State Government. It has, therefore, been prayed that the reshuffling for allotment of the left-over seats of the All India category be done after allotting 50% seats of the unfilled seats to the in-service candidates as a consequence of which the petitioner would be entitled for a seat for M.D. Degree in Radio Diagnosis instead of Diploma. (4). The respondents as also the impleaded respondents belonging to the general category have vehemently resisted the plea of the petitioner and have submitted that the reservation of seats to be allotted in each category has been clearly ear-marked in the Ordinance 278-E and clause (II) (c) of the said Ordinance and in unequivocal terms it emphasises that the unfilled seats from those reserved seats in clause (a) and (b) shall be filled by the candidates of general category and no further reservation for in-service candidates has at all been envisaged in the said Ordinance. Hence no claim for special consideration should be entertained in favour of the in-service candidates with regard to the left over seats the category of All India Competitive Entrance Examination and all the candidates whether general or in-service have to be treated on the same footing by applying a common criteria of inter-se merit while filling up the unfilled seats of the All India category. It is further added that the petitioner appeared in the examination having full knowledge of the provisions of Ordinance 278-E and after having taken the examination he should be estopped from raising the plea of further reservation for in-service candidates which is incorporated in the Ordinance and whatever reservations the in-service candidates are entitled to, have already been laid down by the State Government by a separate notification. (5). (5). Having perused Ordinance 278-E of the University Hand-Book of the University of Rajasthan as also after hearing the arguments of the counsel for the respective sides at the admission stage, it appears to be an admitted position that the unfilled seats from category of clause (a) meaning thereby the left-over seats ear-marked for the students of All India Competitive Entrance Examination, is clearly required to be filled by the candidates of general category, but the petitioners reason to claim further reservation for in-service candidates is borne out of the fact that 50% reservation has been made for in-service candidates out of the total seats ear-marked for the applicants belonging to the State of Rajasthan and, therefore, he asserts that an inference should be drawn to the effect that left-over seats of the All India category should also be divided between the general category candidates and in-service candidates of Rajasthan. (6). But the expectation of the petitioner in my considered opinion cannot be given effect to as the distribution of seats among various categories of candidates has been clearly ear-marked in the Ordinance 278-E and the reservation of 50% of the seats available for the medical graduates of Rajasthan has been done by a separate notification and there is no material before this Court to infer or read in favour of the petitioner from where a further reservation can be deduced in favour of the in-service candidates for the seats which could not be filled from the category of All India Competitive Entrance Examination. In fact for this very reason, the State Government had to issue a separate notification ear-marking reservation for the in-service candidates to the extent of 50% but this clearly is meant for the seats ear-marked for the candidates of the State of Rajasthan and the same does not speak of any further reservation for the in-service candidates in regard to the left-over seats of the All India category. The same can safely be gathered from reading of the said clause quoted hereinbefore. (7). In view of the aforesaid position I find no merit in the plea of the petitioners and hence SBCWP Nos. 5264/99 and 5265/99 under the circumstances stand dismissed at the admission stage itself. (8). The same can safely be gathered from reading of the said clause quoted hereinbefore. (7). In view of the aforesaid position I find no merit in the plea of the petitioners and hence SBCWP Nos. 5264/99 and 5265/99 under the circumstances stand dismissed at the admission stage itself. (8). SBCWP No. 4010/99 In so far as the grievance of the petitioner in SBCWP No. 4010/99 is concerned who is also an in-service candidates belonging to scheduled caste category, it is urged that once the unfilled seats ear-marked for the students of All India category is transferred to State quota and filled on the basis of the State Pre P.G. Entrance Examination, there is no justification in not resorting to the reservation policy which means that apart from the reservation which is made for the SC/ST Category against the seats of State quota, a further reservation be made out of the unfilled seats ear-marked for the students of All India category. It is also further claimed that 33% marks was fixed as qualifying marks for the in-service candidates also as a result of which in-service SC/ST candidates even if they were in service could not get a share in the seats and thus according to the petitioner the SC and ST candidates should be given a reservation out of the seats reserved for in-service candidates without obtaining the qualifying marks. (9). The petitioner in this writ petition thus has claimed 3 categories of reservation for the SC and ST candidates-one which is already provided in Ordinance 278-E of the University Ordinance, second-reservation of seats for the in-service candidates belonging to the SC and ST category without obtaining the minimum qualifying marks and third-reservation out of the left-over seats ear-marked for the students of the All India category which could not be filled. (10). As already noted hereinbefore, the method and manner of reservation of seats in different category of candidates has already clearly been laid down under the University Ordinance 278-E and there is no scope or discretion left for this Court to further ear-mark reservation for any category of candidates, be it in-service candidates or SC/ST category candidates, apart from what has been laid down in the Ordinance. To what extent the reservation has to be made for the reserved category is essentially a policy-matter and hence this Court is not in a position to stretch it further than what is laid down in the Ordinance of the University. Nothing could be elicited from the averments and arguments made in support of the case of the petitioner by which it could be established that the arrangement which has been made by the University of Rajasthan in its Ordinance 278-E is either unconstitutional, illegal or unequal distribution of seats. (11). I thus find no reason to interfere in this writ petition too, and hence it also stands dismissed.