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Madhya Pradesh High Court · body

2013 DIGILAW 1166 (MP)

Nikhil Ojha v. State of M. P.

2013-09-26

M.C.GARG, SHANTANU KEMKAR

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ORDER M.C. Garg, J. 1. The short point involved in this case, as to whether, the respondent while considering grant of reservation to the freedom fighters category for which 3% seats are to be reserved, have violated the law laid down by Hon'ble the Supreme Court in having reserved ten seats for the said category while granting only nine seats to the general category. According to the learned counsel for the petitioner, reservation for the freedom fighter category made by the respondents for admission to the MBBS seats in the Pre Medical Test (PMT) 2013 conducted by Vyavsayik Pariksha Mandal (VYPAM), Bhopal, despite addition of 80 seats only for MBBS students, have violated the judgment of Hon'ble the Supreme Court inasmuch as, while granting reservation with respect to the freedom fighter category they have provided more than 50% of the seats for the reserved category. 2. On the other hand, learned counsel appearing for the respondents have submitted that the reservation has been done in accordance with the principles laid down by Hon'ble the Supreme Court and the quota reserved for various categories by the respondents, taking into consideration the total available seats and by so doing the reservation for the reserved category is also to the extent of 50% and not more than that. It is therefore, submitted that no illegality has been conducted on behalf of the respondents. 3. Before proceeding further, it will be appropriate to note that Raghav son of the petitioner under took Pre Medical Test (PMT), 2013 conducted by (VYPAM), Bhopal. It is submitted that 3% seats are reserved for freedom fighter category as per the prospectus of the aforesaid examination issued at the time of the examination of PMT, 2013. The total number of seats allotted to the freedom fighter category are 17 out of 720. The breakup of 17 seats is given as under:- General Category - 9 Reserved Category - 8 4. Later on, the Medical Council of India (NCI) increased the number of seats in MBBS in Madhya Pradesh amounting to 80 seats by order dated 30.7.2013. According to the petitioner, out of 80 seats, as per the prospectus only 3% seats should have been reserved for freedom fighter category out of 80 seats. Later on, the Medical Council of India (NCI) increased the number of seats in MBBS in Madhya Pradesh amounting to 80 seats by order dated 30.7.2013. According to the petitioner, out of 80 seats, as per the prospectus only 3% seats should have been reserved for freedom fighter category out of 80 seats. However, instead of doing that, 10 seats have been given to the reserved category and only 9 seats to the general category and in this manner, there is violation of law laid down by Hon'ble the Supreme Court, that the reservation should not exceed more than 50% either in civil services or in the allotment of seats whether Pre Medical Test (PMT) or Pre Engineering Test (PET) is conducted. It has been submitted that 10 seats have been allotted to the reserved category while 9 remained for general category and 10 for reserved category. Hence, the reservation comes to more than 50% i.e. about 60% which is not permissible under the Constitution of India. It is submitted that the action of respondent No. 2 in increasing the seats in reserved category of more than 50% is illegal, unconstitutional and contrary to the decisions of Supreme Court. 5. It is submitted that initially there were 720 seats available for the PMT examination conducted in the year 2013 and out of that, 3% was reserved for freedom fighter category as per the prospectus in the following manner:- General Category - 9 Reserved Category - 8 6. It is submitted that after the increase of 80 seats in MBBS course by the MCI by order dated 30.7.2013, 3% seats were required to be reserved out of 80 seats. However, instead of providing reservation of 3% in 80 seats, 2 additional seats have been provided for the freedom fighter category and now total seats comes to 19 and in this manner, the reservation for reserved category comes to 10(8+2) whereas, the seats available for the general category remains 9. 7. It is submitted that it is not permissible in law. 8. The petitioner has relied upon the chart about the allotment of the seats prior to the increase of the seats by MCI:- 9. 7. It is submitted that it is not permissible in law. 8. The petitioner has relied upon the chart about the allotment of the seats prior to the increase of the seats by MCI:- 9. It is submitted that the aforesaid chart goes to show that the reservation was made on the horizontal basis however, after the allotment of the additional 80 seats vide order dated 31.7.2013 by the Medical Council of India, allotment of seats has been shown as under:- 10. It has been submitted that the manner in which the reservation has been done, it is clear that the same is violative of the judgment of Hon'ble the Supreme Court inasmuch as, with respect to the freedom fighter category, out of the 19 seats, 10 seats have gone to freedom fighters but 9 have been kept for general category, which is not in accordance with law. 11. Denying the submission made on behalf of the petitioner, respondents in their reply have stated that the reservation fro the freedom fighter category has been done in accordance with law. It is submitted that the reservation has to be done jointly for MBBS and BDS courses and no separately. Accordingly, there is no excess reservation either in freedom fighter category or lesser allocation in the general category. 12. It has been submitted that the allocation chart which has been annexed as Annexure R/3 is very clear and goes to demonstrate that 3% seats out of 654 seats which are to be reserved for Freedom Fighter Quota in the courses of MBBS and BDS jointly has been reserved. Putting the facts in a mathematical figures the 3% of 654 would come to 19.62 seats which are rounded to 20 seats out of these 20 seats the 10 seats have been allocated to reserved category and 10 seats have been allocated unreserved category which clearly demonstrate that the reservation has not been done on more than 50% of the total seats. 13. The respondents have also submitted that as per the reservation policy the reservation has been carried out on MBBS and BDS seats jointly. The State Policy is very clear on the said issue and thus, the respondents have acted in fair manner and have carried out the reservation as per the law governing the field and there has been no violation on the said aspects. 14. The State Policy is very clear on the said issue and thus, the respondents have acted in fair manner and have carried out the reservation as per the law governing the field and there has been no violation on the said aspects. 14. An additional affidavit was also filed on behalf of the respondents in the form of the affidavit of Dr. S.C. Tiwari to explain the position further. It would be appropriate to take note of the averments made in the said affidavit also, which reads as under:- 2/I say that in the distribution of seats of Freedom Fighter Quota the following way has been adopted as per Rules framed by the Government of Madhya Pradesh Office Gazette Notification Point No. 5.3. The Pre Medical Test (PMT) is conducted by the VYAPAM and after receiving the merit list by the VYAPAM the counseling is being done by the Department of Medical Education, State of Madhya Pradesh for MBBS and BDS courses together in which the candidates have the option of choosing either MBBS or BDS course as per his/her choice. Earlier, before increase in seats, the procedure of distribution of seats has been done by considering 720 seats of MBBS and 40 seats of BDS. And thus, the open seats available are 588 in which the quota of 3% seats horizontal for Freedom Fighter quota comes to 17.64 thus rounding the total seats to 18 out of which 9 seats to unreserved and 9 seats to reserved quota. Thus, if we look at complete distribution of unreserved quota in BDS/MBBS comes to 9 and ST (20%) - 4, SC (16%) - 3 and OBC (14%) - 2 totaling to 9. The chart showing the distribution of seats in MBBS and BDS course is annexed herewith as Annexure R-5, which has been agreed upon by the Court. Now after increase in 80 seats by Medical Council of India (MCI) same formula has been adopted as was done earlier keeping in mind State Rules and Regulations, thereby calculating the number of seats of MBBS and BDS both i.e. 800 seats of MBBS + 40 seats of BDS. And thus, open seats available are 654 in which the quota of 3% seats horizontal for Freedom Fighter Quota comes to 19.62 thus, rounding the total seats to 20. Out of which 10 seats to unreserved and 10 seats to reserved quota. And thus, open seats available are 654 in which the quota of 3% seats horizontal for Freedom Fighter Quota comes to 19.62 thus, rounding the total seats to 20. Out of which 10 seats to unreserved and 10 seats to reserved quota. Thus, if we look at complete distribution of unreserved quota in MBBS comes to 9 in MBBS + 1 BDS totaling to 10 and ST (20%) - 4, SC (16%) - 3 and OBC (14%) - 3 totaling to 10. The chart showing the distribution of seats of MBBS and BDS is annexed herewith as annexure R-6. 15. During the course of arguments, our attention has also been drawn by the learned counsel appearing for the respondents to the Madhya Pradesh Government Autonomous Medical and Dental Undergraduate Entrance Examination Rules, 2013. Some clauses of the Rules are relevant for our discussion:- 3.0 GENERAL - (i) Admission in MBBS and BDS courses shall be governed and regularised by rules and regulations of MCI/DCI/University/State Government/Government of India/under the rules and regulations in force at the time of entrance examination, allotment and admission and amended from time to time. (ii) These rules shall apply to all candidates for entrance examination, allotment and admission in the following courses and colleges:- 1. MBBS Course: Government Autonomous Medical College, Bhopal, Gwalior, Indore, Jabalpur, Rewa and Sagar. 2. BDS Course: Government Autonomous Dental College, Indore. 5.0 - RESERVATION:- 20% Seats are reserved for candidates belonging to scheduled tribe, 16% to scheduled caste and 14% to other backward classes. Excluding creamy layer. The remaining seats are available for Unreserved Category Candidates. 5.2 - 3% seats are reserved for admission to MBBS/BDS course for Children of Military Personnel (MP) belonging to ST, SC, OBC and UR categories. Such reservation shall be horizontal. 5.3.1 - Freedom Fighter (FF) is a person whose name is registered in the list kept in collectorate of the concerned District of Madhya Pradesh. 16. It may be observed that while for the reservation to be provided for ST, SC, OBC and UR category, the reservation has been provided on horizontal basis, there is no such clause in 5.3.1. 17. 16. It may be observed that while for the reservation to be provided for ST, SC, OBC and UR category, the reservation has been provided on horizontal basis, there is no such clause in 5.3.1. 17. In view of the aforesaid, while granting reservation of seats to the various categories, the reservation for the freedom fighter category has also been considered on the basis of the availability of the total seats and while so doing, 10 seats have been allotted to the freedom fighter category as 3% of the 654 seats comes to 19.62 and the other 10 seats have been allotted for the UR category. It clearly demonstrate that reservation has not been done on more than 50% basis. Learned counsel for the petitioner has relied upon the judgments of Patna High Court and Hon'ble the Supreme Court delivered in the case of Awadhesh Prasad Vs. The State of Bihar and Ors. reported in 2012 (4) PLJR 865 and in the case of Guru Nanak Dev University Vs. Sanjay Kumar Katwal and Another reported in (2009) 1 SCC 610 respectively. However, having gone through the aforesaid judgments, we find that the judgments do not support the case of the petitioner. Having given our thoughtful consideration to the submission made by the parties, the rules as have been shown to us and the submission made on behalf of the respondents that reservation has done with the freedom fighter category by taking into consideration the total seats available in the MBBS as well as BDS category, we find that the reservation of the seats for freedom fighter category in the case in hand was more than 50% and therefore, we find no substance in the writ petition filed by the petitioner, which is accordingly dismissed.