AMANJIT SINGH GILL VIMAL MEHTA DR DINESH KUMAR MAHESH DUTT KUMARI SHILPA MEHRA SHALU SOOD Vs. DIRECTORATE GENERAL OF HEALTH SERVICES:UNION OF INDIA:MOTILAL NEHRU COLLEGE:DIRECTOR GENERAL OF HEALTH SERVICES:UNION OF INDIA

JUDGEMENT

(1.) These writ petitions relate to the allocation of seats in medical colleges in the MBBS/BDS Course pursuant to the result of the All India Entrance Examination conducted by the Central Board of Secondary Education, New Delhi, in respect of 15 per cent of the total number of MBBS/BDS seats in medical colleges of different States.

(2.) Before dealing with the individual writ petitions, we may refer to an application made by the Union of India being C.M.P. No. 29264 of 1988 in Writ Petition (Civil) Nos. 348-52 of 1985 praying for suitable directions in the matter of allocation of vacant seats. It has been stated in this application that the results of the All India Entrance Examination conducted by the Central Board of Secondary Education for admission in the MBBS/BDS Course were declared on July 15, 1988. A merit list of 1,600 candidates together with a waiting list of 1,000 candidates was sent to the Director General of Health Services by the Central Board of Secondary Education for making allocations of candidates to various medical colleges for admission to MBBS/ BDS Course, as the case may be. The Director General of Health Services allocated, 1,428 candidates to MBBS Course and 111 candidates to BDS Course in the various medical/dental colleges. Further, it is stated that on the basis of information received in the office of the Director General of Health Services, 532 candidates have not joined in all these courses and, accordingly, the said 632 seats have been lying vacant.

(3.) In order to decide the criteria to be adopted for allocation of vacant seats as a result of drop-outs in the number of candidates who had been allocated MBBS/BDS seats in various medical/dental colleges, a meeting was held under the chairmanship of the Secretary, Ministry of Health and Family Affair. In this meeting, the Chairman of the Central Board of Secondary Education, Secretary, Medical Council of India, and representatives of the Ministry of Law and Justice participated, besides others from the Ministry of Health and Family Affair and the Director General of Health Services. The Committee took a decision regarding the allocation of seats in the MBBS/BDS Course. The Committee has also made certain suggestions regarding the guidelines to be followed for the purpose of filling up the vacant seats in the MBBS/BDS Course.