S P MANOCHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONER No. 2 is the daughter of petitioner No. 1. She had applied for admission to one of the Medical Colleges in the State for the M. B. B. S. course commencing this year. She has not been admitted. Hence this petition claiming a writ of mandamus against the respondents to admit her to one of the Medical colleges in the State.

(2.) THE total number of seats to be filled this year in several Medical Colleges in the state was fixed, admittedly, at 720 in all. Later on. 10 more seats were increased in the Rewa Medical College for the sons and daughters of freedom fighters, but we are not concerned with these additional seats in the present case. A fixed percentage of seats out of the total number was reserved for some specified categories so that the final division of these 720 seats was made as follows: (1) General category 441 seats (2) Scheduled Castes 108 " (3) Scheduled Tribes 108 " (4) Freedom Fighters 21 " (5) Military Personnel 21 " (6) Govt. of India nominees 21 " total 720 seats

(3.) THE petitioner No. 2 falls in the general category and could claim to be admitted only thereunder and the benefit of any of the other special categories enumerated above from items No. 2 to 6 was not available to her. It is also accepted that in the general category no candidate has been admitted to any of the Medical colleges who may have obtained less marks than petitioner No. 2. The minimum aggregate marks up to which admissions have been made in the general category is 275 out of 500, whereas the petitioner No. 2 has obtained 272 marks out of 500. These are the marks obtained by the candidates for admission in Pre-Medical test held for weeding out the surplus candidates in excess of the seats available. It is also an admitted position that none of the candidates admitted under any of the aforesaid categories is disqualified for admission, according to the qualifications prescribed by the University for admission to the M. B. B. S. course.