SAMIR KUMAR BAGHEL Vs. CHAIRMAN, ADMISSION SUB-COMMITTEE

JUDGEMENT

(1.) THE petitioner in this writ application has prayed for a direction to the opposite parties to provide a set in the M.B.B.S. Course for the session 2002 -2003 and also quash Annexure -2 in which he has been intimated by the Chairman, Admission Sub -Committee, JEE (E & M), 2002 that his case could not be considered for admission into M.B.B.S. Course as a Scheduled Caste candidate.

(2.) CASE of the petitioner is that he was an applicant for admission to the First Year Degree Course in Medicine (BDS) for the academic session 2002 -2003 and appeared in the Joint Entrance Examination having been assigned Roll No. SM 54369C. His further case is that he was declared successful in the entrance examination and his name appeared against Sl. No. 25 in the merit list of Scheduled Caste candidates within the reserved category. According to the petitioner one Satyanarayan Behera who also applied as a Scheduled Caste candidate secured first position in the reserved category for Scheduled Caste and 220th position in the general category. It was submitted on behalf of the petitioner that had admission of said Satyanaryan Behera been made against general category he would have got chance to take admission in M.B.B.S. Course since 24th candidate in the reserved category for Scheduled Caste had been admitted into the M.B.B.S. Course and he being the 25th candidate in the merit list, was entitled to a seat in the M.B.B.S. Course.

(3.) SHRI S.C. Mohanty, learned counsel appearing for the petitioner urged two points for consideration by this Court. (1) Shri Satyanarayan Behera who secured first position in the merit list in the reserved category of Scheduled Caste had also secured 220th position in the general category. According to Sri Mohanty when a candidate belonging to reserved category, on his own merit also becomes eligible to take admission as a candidate belonging to general category, such admission cannot be taken as admission from the reserved category. On the basis of the above analogy, it is contended by Sri Mohanty that had the admission of Sri Satyanarayan Behera been adjusted against general category, one seat in the reserved category of Scheduled Caste would have been made available. He further contended that 24th candidate in the select list having got admission and the petitioner being the 25th candidate, said seat could have been made available to him. (2) The second point raised by Sri Mohanty is that while calculating number of seats that should be available to the reserved category instead of taking into account the total number of seats available, the opposite parties took into consideration the number of seats after deduction of 15% All India Quota.