SAMTA AANDOLAN SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have approached this Court by way of filing the present Writ Petition filed under Article 32 of the Constitution of India with the grievance that while making admissions in the MBBS course, the respondent All India Institute of Medical Sciences (AIIMS) is not strictly adhering to the reservation policy and have questioned the manner in which seats are allotted to the candidates belonging to reserved category. As per them, the AIIMS have far exceeded the quota prescribed for the reserved category candidates which has resulted in more than 50 % reservations of the seats, which is contrary to the law laid down by this Court. The stand of the AIIMS, on the other hand, is that there is no violation of the law laid down by this Court in this behalf and the methodology adopted by the AIIMS for admission in MBBS course is perfectly valid and justified. The controversy has arisen in the following backdrop:

(2.) "The All India Institute of Medical Sciences (AIIMS), New Delhi issued Prospectus for admission in the MBBS course starting from August, 2013 along with admission in Six New AIIMS at Bhopal, Patna, Jodhpur, Rishikesh,Raipur and Bhubaneswar with an intake of 100 students in each new AIIMS. The reservation policy was notified to be 7.5.% ST, 15% SC, 27% OBC and Indian Nationals, 3% reservation for Orthopedic physically handicapped to be provided on horizontal basis. Para 4.2 of the prospectus prescribe the procedure for selection into the MBBS course hereunder:

(3.) PETITIONER No.2 being eligible in all respects under unreserved category had submitted his application form and was allotted application form number -1021016668. He was issued the Admit Card for AIIMS -MBBS 2013 Entrance Examination. Petitioner No.2 appeared in the competitive entrance examination held on 1.6.2013 and secured 1066 over all rank. A counseling letter was issued for counseling at Delhi AIIMS on 10 -12 July 2013 and the Petitioner No.1 was called for counseling scheduled to be held on 10 th July 2013.