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][177D-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.
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; 187E, 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 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]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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