SHARWAN KUMAR Vs. DIRECTOR GENERAL OF HEALTH SERVICES

JUDGEMENT

(1.) The petitioners in these petitions were amongst the candidates appearing at the common Entrance Examination for selection to fill up the 15% All India quota of seats for medical and dental colleges. Petitioners were qualified but their ranks were not so high as to enable them to secure placements in the lists announced so far. The petitioners, however, say that a number of seats in the various medical colleges all over the country referable to the 15% All India quota are left unfilled and they claim that they are entitled to the allotment of these seats. The delay, they say, is entirely owing to the cumbersome procedures adopted by the authorities in alloting seats to wait list candidates as and when vacancies arise. They contend that there is no reason why the vacant seats should not be allotted to them.

(2.) The actual working of the scheme of allotment of candidates to the various colleges from time to time does incur a criticism that the process is so inordinately protracted that all the seats in the 15% All India quota do not get filled up though there are eligible candidates in the wait list. But the authorities administering the scheme appear to have their own genuine difficulties. The procedure for filling up the vacancies in the M.B.B.S. course entails the process of notifying and considering the cases of all those who are allotted B.D.S. course who in view of the subsequent vacancies in the M.B.B.S. seats become eligible for the latter and the cases of those who had expressed preference for colleges which could not be accommodated in the earlier lists but becomes possible in view of the vacancies. All this, of course, is cumbersome and time-consuming and takes the selection process till February of the year following the one for which admissions are intended and made.

(3.) So far as the present petitioners are concerned, we cannot straightway direct their admission against the vacant seats - even if there are seats vacant. It might happen that candidates who are higher in the merit-list and who have not approached the Court, would be deprived of their legitimate rights if candidates far below them get admissions, on no other, ground than that they have approached this Court.