SAMEER BELE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a doctor holding an MBBS degree, has approached this Court seeking a direction to the respondent nos.3 and 4, i.e. All India Institute of Medical Sciences ("AIIMS") and Post Graduate Institute of Medical Education and Research ("PGIMER"), respectively, to allocate the five seats reserved for 'Rural Area Category' (hereinafter referred to as the RA) candidates, in courses offered by the respondent no.4/PGIMER, to only Unreserved Category ("UR") candidates, on the basis of their merit.

(2.) The petitioner, who completed his MBBS degree from RCSM Government College and Chhatrapati Pramilaraje Hospital, Kolhapur, Maharashtra, in February 2016, appeared in the Combined Entrance Test for admission to Post graduate courses for Institutes of National Importance), January, 2022 ("INI-CET January, 2022")conducted by the respondent no.3, on 14/11/2021. As per the prospectus for the respondent no.4, besides the reservations for SC/ST/OBC category candidates, in accordance with the instructions issued by the Government of India, 5% seats were reserved for persons with benchmark disability, with another 5% being reserved for candidates who had worked, or were working, or had carried out practice in a rural area, for a minimum of two years, on or before, 31/12/2021.

(3.) The petitioner, who is a candidate belonging to the UR category, and has the requisite experience to qualify for the 'Rural Area Category' ("RA") qualified the INI-CET, January 2022 exam by obtaining an overall rank of 2843. However, when the allotment of seats for the PG seats reserved for RA candidates in the respondent no.4 were made, one candidate in the SC-RA having ranking of 3850, was allotted the seats in preference to the petitioner, who had an all India ranking of 2843.