SECRETARY Vs. K JANAKI B D S

JUDGEMENT

(1.) This writ appeal raises an important point as to whether a seat vacant in a particular reserved category can be allotted to a candidate outside the said category basing upon merit.

(2.) It is not a case relating to class reservation. But, reservation was carved out in admissions to MDS Course for the year 2002-2003 for service candidates. Out of the 14 seats available, 7 were earmarked for in-service candidates, who were working in hospitals, and the rest were for non-service candidates, who passed out B.D.S. The prospectus was issued prescribing 40% minimum cut off mark for admission, but one of the candidate i.e., 3rd respondent herein, did not secure 40%. Yet, he was granted admission in service quota to fill up the 50% reservation, which was challenged and the said challenge was upheld by the learned single Judge vide order dated 21.11.2002, passed in W.P.No.21565 of 2002. Aggrieved against the said order, the present writ appeal has been filed.

(3.) Prospectus is the only guidance in the instant case, and we are not adverted to any rule superseding the prospectus. The prospectus for the year 2002-2003 has been issued by the Directorate of Medical Education. The entrance examination to M.D.S. Course, basing upon the said prospectus was held on 6/4/2002. The seats which are available in M.D.S. are 14 and 7 have to go to in-service candidates, while the balance 7 have to go to non-service candidates. Admissions were granted basing upon the counselling, but no candidate who secured less than 40% can be called for counselling. It is pertinent to mention that the 3rd respondent had secured only 36.86% and placed at Sl.No.286 in the Merit List, but was selected for making of the deficiency of 7, as mentioned above.