CHAWDA VASUDEV Vs. UNION OF INDIA

JUDGEMENT

(1.) . The petitioners who belong to Scheduled Tribe category were admitted to M.S./M.D. Course of respondent No.2 AIIMS in the Session commencing January, 2002. Their grievance is that one seat in Orthopaedics Department which was reserved for Scheduled Tribe quota and in which petitioner No.1 was interested was withdrawn as a result. of which all the three petitioners were offered different. disciplines which were not of their choice. As a result, the petitioner No.1 was admitted to medicine instead of orthopaedics and petitioner No.2 ENT instead of medicine. Petitioner No.3 had to opt out of the course as he was offered a non-clinical course.

(2.) . The petitioner's case is that they had completed their MBBS Course from different, institutions. They belong to Scheduled Tribe category and as such fall in quota reserved for Scheduled Tribe community. The respondent No.2 which is a statutory body notified 77 seats for admission into M.S./M.D. course in different, disciplines through an entrance test that was conducted on 8.11.2001. According to the prospectus issued for the January, 2002 session and the advertisement, issued in different, newspapers six seats in different, departments including one in the Department of Orthopaedics was shown to be available for candidates belonging to Scheduled Tribe community. The petitioners cleared the entrance examination and were ranked No.2, 3 and 4 amongst Scheduled Tribe candidates. They were asked to attend the Counselling Session for getting the disciplines of their choice. It was averred that they had applied for admission into MS/M.D. course at PGI-MER, Chandigarh also but did not take its entrance test as they felt that they had good chances for admission in AIIMS itself.

(3.) . The petitioners averred that in the course of counselling only they were informed that the seat reserved for Scheduled Tribe community in the Department of Orthopaedics had been withdrawn and as such bhe petitioner No.1 would have to chose a seat out of the remaining four departments. Due to withdrawal of the seat from the Orthopaedics Department, petitioners No.2 and 3 were also affected for the reason that petitioners No.1, 2 and 3 intended to take admission in Orthopaedic, Medicines and ENT respectively but on account of withdrawal of the seat in Orthopaedic, petitioner No.1 had to opt for Medicine, petitioner No.2 for ENT and petitioner No.3 Physiology. It was alleged that respondent No.2 had not informed the petitioners even once before the counselling session that the seat in the department of Orthopedics had been withdrawn which act was stated bo be illegal, unlawful and unfair. In these premises it was prayed that the decision taken by the respondents regarding withdrawal of a seat from the Department of Orthopaedics be quashed and the said seat be earmarked for Scheduled Tribe candidate as per the prospectus. It was also prayed that petitioners be allotted seats in accordance with their choices and as per their ranks with due regard to their category/caste.