ANUREET MALHOTRA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioners before this Court appeared in the National Eligibility Entrance Test (NEET UG) 2013 2014, conducted by the Central Board of Secondary Education for admission to various medical colleges. The petitioners no.1 and 2 qualified the aforesaid entrance test, securing overall rank of 3265 and 3357 respectively. The respondent University of Delhi, Faculty of Medical Sciences, came out with a Bulletin of Information for making admissions to the MBBS/BDS courses on the basis of the NEET UG 2013. Clause 2.1.1 of the Bulletin provided for filling up 23 seats for MBBS Course by Nominees of Government of India (NGOI) in terms of clause 2.1.6 of the said Bulletin. Out of 23 seats, 17 are in Lady Harding Medical College (LHMC) and the remaining 6 seats are in Maulana Azad Medical College (MAMC). The application under NGOI Category must reach the university on or before 30.9.2013. The candidates belonged to the following categories are entitled to apply for admission under NGOI Quota:

(2.) THE petitioners before this Court are challenging the proposed admissions under NGOI Quota, primarily on the ground that (i) the respondents had given an undertaking to the Hon'ble Supreme Court in Bhawna Garg and another versus University of Delhi and others [AIR 2012 SC 3299] that the candidates seeking admission from the academic year 2013 2014 would be required to obtain minimum 50% marks in the NEET Test (ii) since now there are medical colleges set up in almost every State/ UTs except few inaccessible tribal areas, the admission under the category "Students Belonging To State/ Union Territories With No Medical colleges" are not justified (iii) since the admission in all the three colleges affiliated to Delhi University are made on the basis of same entrance test, with the same syllabi, it is irrational to fill 17 out of 200 seats in LHMC under NGOI Quota while filling only 6 seats in MAMC, under the said quota and not filling even a single seat in the university colleges of medical sciences under the said quota, (iv) there is excessive horizontal reservation for wards of defence personnel. The petitioners are accordingly seeking the following reliefs:

(3.) A perusal of Bhawna Garg and another (supra) would show that the appeals filed before the Apex Court were disposed of with the following directions: