DEEPAK KUMAR SONI Vs. STATE OF C G

JUDGEMENT

(1.) BY this writ petition filed under Article 226/227 of the Constitution of India the petitioner has questioned the correctness and legality of the letter (Annexure-P/1) dated 9-8-2004 issued by the Dean, Medical College, Raipur, whereby the Dean has intimated the petitioner that he cannot be admitted in the first year of M.B.B.S. Course against the disabled/handicapped class quota.

(2.) BRIEF facts leading to filing of this writ petition are that the petitioner herein appeared in the Pre-Medical Test (for short P.M.T.) Examination, 2004 vide roll No. 4753311 from the Centre at Durga Mahavidyalaya, Raipur as on O.B.C. category candidate. As per the petitioner's petition he secured 235th position in the merit list and he also secured first position in the disabled/ handicapped class. Accordingly, the petitioner was intimated to appear for counseling. In response to the communication received, he appeared for admission before the Dean, Medical College, Raipur on 6-8-2004, but the Dean, Medical College, Raipur, refused to give admission against disabled/ handicapped class on the ground that the seat is for unreserved category disabled class candidate whereas, the petitioner appeared in the said P.M.T. examination as O.B.C. candidate. Further he had secured only 49.33% marks in the 10+2 qualifying examination, therefore, he was not eligible to appear in the said P.M.T. Examination as unreserved category candidate for which the minimum percentage was 50%. The petitioner's case is that it is true that as per the P.M.T. rules, on unreserved category candidate who had secured 50% marks in the qualifying examination was eligible to appear in the P.M.T. Examination, whereas, S.C./S.T. and O.B.C. candidates who had secured 40% marks in the qualifying examination were eligible to appear in the P.M.T. examination. But, once a candidate appeared in the said P.M.T. examination whether under the unreserved category quota or S.C./S.T. or O.B.C. quota their merit is to be decided as per the marks secured in the P.M.T. Examination irrespective of their percentage in the qualifying examination. Therefore, the decision (Annexure P/1) of the Dean, Medical College, Raipur is contrary to the rules and not legal. As such, he prayed that communication (Annexure-P/1) be quashed and by writ of mandamus the respondents be directed to grant admission to the petitioner as per Annexure-P/2.

(3.) (5) to the extent of 3% vide notification Annexure-R/1 and schedule is Annexure-R/2. As per Annexure-R/2 total seats as well as details of seats allotted for admission on the basis of All India quota as well as Central Government nominees and free P.M.T. seats available for admission through P.M.T. had been shown. Schedule also gives break up of vertical as well as horizontal reservation. As per the schedule, 11 seats were reserved for O.B.C. category and by virtue of the amendments introduced by Annexure-R/1, handicapped class was given only 3% vertical reservation that 3% of 11 seats counts to 0.33% less than half, therefore, no separate horizontal reservation for handicapped persons of O.B.C. was made. Copy of the table of seats available of different categories and classes as per vertical reservation as well as horizontal reservation as amended by Annexure-R/1 is Annexure- R/3 which clearly demonstrates that the amendment introduced vide Annexure-R/1 could confer tangible benefits only to handicapped class belonging to unreserved category and S.T. category who were given that benefit. 4. The candidate who had secured less than 50% marks in the Higher Secondary Examination could appear in the P.M.T. examination only if he belonged to any of the reserved categories. The petitioner had secured 49.33% marks, which is less than 50% in the Higher Secondary Examination, therefore, he was eligible to appear in the P.M.T. examination as an O.B.C. candidate. Now, the petitioner cannot be allowed to take any benefit of horizontal reservation which is meant for unreserved category. The very fact for the petitioner's eligibility to appear in the P.M.T. examination depends upon the fact that he belongs to O.B.C. category disentitles him to claim benefit of horizontal reservation meant for the unreserved seats. The respondent No. 4 herein has been given admission against unreserved handicapped class seat even though he secured less marks than the petitioner herein in the P.M.T. examination, therefore, the petition of the petitioner be dismissed.