PRANATOSH ROY Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) All these three writ petitions have been heard together and are being disposed of by this judgment as the pivotal question involved in all these matters is the same, namely, whether reservation for SC/ST category is permissible in the West Bengal Government service quota for admission to the various Post-Graduate Medical Degree and Diploma Courses in certain institutions/colleges in West Bengal in 1997.

(2.) . The total number of seats for the various post-graduate medical courses under the University of Calcutta in 1997 is 443. Out of that, 61 seats are allotted to all India quota and the remaining 382 seats are to be filled up by the University of Calcutta inasmuch as admission to 75% of total number of seats in the different post-graduate courses is conducted by the University of Calcutta while admission to the remaining 25% of the seats is open to candidates selected through All India Entrance Examination. Out of the 382 West Bengal seats at the disposal of the Calcutta University for admission, 80 seats are reserved as West Bengal Government quota to be filled up by selection from amongst the candidates in the West Bengal Health Service/West Bengal Medical Education Service (WBHC/WBMES) sponsored by the Government of West Bengal. There is also 22% and 6% reservation for Scheduled Caste and Scheduled Tribe candidates respectively. Both the sponsored candidates under the West Bengal Government service quota and the open category candidates including SC/ST candidates are however required to sit in a common admission test conducted by the University of Calcutta. The basic qualification for all candidates is however MBBS degree and completion of PRCA training or rotating internship for the requisite period after passing the MBBS Examination. In order to be declared as qualified in the admission test a candidate is required to secure a minimum of 400 marks in the written test.

(3.) Annexure-D to the writ petition in 8943(W)/97 is the 1997 Rules for the admission to different post-graduate medical courses of the University of Calcutta. Rule 4 of the said Rules speaks of merit list of candidates qualifying in the written test. Rule 4.1 provides that the rank of the candidates qualifying in the written test will be determined on the basis of the marks obtained by them in the said test and the names of the candidates qualifying in the written test will be arranged in the merit list according to rank and in order of decreasing marks. Rule 4.3 says that the rank of the candidates who have qualified in the written test shall be indicated against their respective roll numbers in a provisional merit list displayed in the notice board. Rule 4.4 says that there shall be a separate merit list for the scheduled caste/scheduled tribe candidates in addition to the general merit list. Rule 5 relates to counselling for selection of candidates for admission. Rule 5.1 provides that the admission to different post-graduate Medical Courses will be made through counselling strictly according to rank in the merit list. Rule 5.2 says that counselling will be continued till the available vacancies are filled up by candidates empanelled in the provisional merit list. Rule 5.4 says that candidates selected for admission through counselling shall be required to get themselves enrolled immediately on payment of the requisite fees. Rule 6 provides for reservation of seats. Rule 6.1 indicates the seats for candidates belonging to WBHS/WBMES reserved streamwise, such as, M. D. (General Medicine) 5 seats in W. B. Govt. Quota, M. D. (Obst. and Gynae) 5 seats, etc. etc. 3 Rule 6.3 says that seats will be reserved for SC/ST candidates as per rule. The schedule for admission, 1997 in the Post-Graduate Courses has been given in Rule 18. Rule 18.5 lays down the counselling schedule in the following manner.Monday, 21-4-97-150 candidates (Merit 1-150)Tuesday, 22-4-97-150 candidates (Merit 151-300)Wednesday, 23-4-97-200 candidates (Merit 301-500)Thursday, 24-4-97-200 candidates (Merit 501-700)Friday, 25-4-97-(701 - rest of the candidates from the merit list)