SAURABH MATHUR Vs. DIRECTOR GENERAL HEALTH SERVICES

JUDGEMENT

(1.) This pertains to the recurring grievance of the candidates successful at the competitive tests for selection for admission to the 15 per cent All India Quota 1992 for MBBS/bds courses, this time respecting the 1992 selection not being provided seats.

(2.) The candidates air a strong and serious grievance that though the requisite number of vacancies exist, owing to lack of coordination between the medical colleges in the States on the one hand and the Director General of Health Services who administers and coordinates the admission on the other, a large number of seats within the 15 per cent All India Quota, 1992-93 are allowed to be appropriated by the States for the benefit of their own students with the result the candidates wait-listed in the All India Quota are deprived of their legitimate entitlement.

(3.) This has been a recurring theme in the administration of the 15 per cent All India Quota over the years. The grievance of the candidates is strengthened by the submission made on behalf of the Union government by Shri C. V. Subba Rao that the Director General of Health Services has not been able to elicit prompt responses from the State authorities and the educational institutions in many of the States as to the actual number of vacancies in the 15 per cent All India Quota, 1992. This situation is the result of candidates allotted seats in the All India Quota either not joining the colleges or quitting the seats after admission leaving a vacancy which in the usual course should go to the next candidate in the wait-list. But it would appear these vacancies are not promptly reported to the Director General of Health Services by the States and the college authorities resulting in the wait-listed candidates in the All India Quota having to wait indefinitely. The candidates aver that a number of seats in that quota have been appropriated by the State governments for the benefit of their own students without the knowledge of or permission by the Director General of Health Services and without the latter having released the seats back to the States' pool.