CHHAVI RAJ Vs. VICE CHANCELLOR

JUDGEMENT

(1.) The challenge in this Writ Petition concerns the admission to the MBBS/BDS Courses- 2003 for the Academic Year 2003-2004, and in particular to the failure of the Petitioners to grant admittance to the Petitioners in said course under the CWAPP Category. A total of 20 seats are available under this Category, as is evident from the following Table: <FRM> Table Statement showing tentative number of seats in Under- Graduate course for the session 2003: Name of Medical Seats to be filed in by the University of Delhi. Seats to be filled in by D.G.H.S. College GEN PH SC ST CWAPP NGOI 15% Total Quota Seats MBBS Course HMC 44 1 19 10 6 30 20 130 MAMC 95 2 27 14 9 6 27 180 CMS 57 1 15 7 5 Nil 15 100 Total 196 4 61 31 20 36 62 410 BOS' Course MAMC 1 2 3 2 Nil Nil 3 20 </FRM>

(2.) The Bulletin of Information published by the University of Delhi (Faculty of Medical Science from which the Table reproduced above has been extracted prescribes the following Reservation

(3.) It appears that four candidates have been granted admission in this category of which only one has secured above 50% in the qualifying examination and the remaining have obtained marks which vary between 35% and 50%. All the Petitioners have obtained marks below 35%. They, however, contend that since 20 seats have been set apart for students falling under the CWAPP Category, and since they are placed in the first 16 short-listed candidates, admission ought to have been granted to them regardless of their percentages. It is further argued that the percentage obtained by the Petitioners has no nexus or equation with the CWAPP Category and therefore, reference to the percentage of marks obtained is wholly irrelevant. It is also contended that if the percentage of marks is to be taken into consideration it would defeat the reservation carved out under the said category. The submission is that the need to carve out reservations is directly attributable to the fact that children or widows of deceased/disabled armed forces personnel palpably suffer from a disadvantage and therefore, the existence of a minimum percentage runs counter to the rationale for the reservation and renders it otiose. This is highlighted in the present case by demonstrating that only four students have succeeded in this category and that the remaining 16 seats will revert to the General category.