AMEER KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, a student who had appeared in the Pre-Medical Test conducted by the Professional Examination Board, Madhya Pradesh, Bhopal (hereinafter referred to as the "board") has called in question selection made to the M. B. B. S. , course for the year 2001, results of which were declared by the Board on 28-8-2001.

(2.) NECESSARY prospectus and admission rules for the Pre-Medical Test were notified by the Board as PMT-2001 (hereinafter known as 'rules') and according to the same, two seats were reserved for sons and daughters of Other Backward Class ex-soldiers (hereinafter known as OBC Sainik Category) as is evident from the rules extract of which has been filed as Annexure P-1. Clause 2. 4. 1 thereof indicates the category and distribution of seats in various Medical Colleges. For the OBC Sainik Category, in all two seats are reserved.

(3.) ACCORDING to the rules, one seat for woman candidate in the OBC Sainik Category was reserved at the Gandhi Medical College, Bhopal. Similarly, one seat is reserved for male candidate at the G. R. Medical College, Gwalior. Thus, two seats are to be filled from the OBC Category of son/ daughter of ex-soldiers. It is further averred that procedure for selection was provided in Rule 2. 5 and according to the said rule, a merit list has to be prepared category-wise and syllabus-wise, a candidate in the reserved category who has obtained sufficient marks to be higher in the merit than an open category candidate has to be accommodated against the open seat and in doing so, the number in the reserved category shall not be reduced meaning thereby a candidate of the reserved category if can get admission on merit in the general category, gets admission against the seat reserved for the general category and correspondingly, a reserved category candidate can be accommodated in the reserved category against such seat. However, this rule of giving admission to a reserved category candidate on the basis of merit is not applicable in case of horizontal (special) reservation.