RABINDRANATH NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Those two writ applications stated to have been filed in public interest contain unusual prayers. Normally reservation is sought for in respect of those who are deficient and cannot compete on merit. In these cases prayer in instant writ petition filed in public interest is to give reservation for merit.

(2.) A brief reference to the factual aspects would suffice. O.J.C. No. 3867 of 1997 has been filed by a learned counsel of this Court praying for a direction to the opposite parties to give weightage to the best scholars of the Universities, while making selections for Post Graduate studies in the medical colleges of the State. Petitioner in the other writ application, i.e., O.J.C. No. 12,458 of 1997 has more or less come with similar prayer. According to her, at least 5% reservation for the toppers of the State should be made in respect of subjects of their choice in the matter of admission into Post Graduate course and higher specialities for medical training. Prayer has been made for amending the prescribed rules. Reference has been made to factual aspects prevailing for 1997-98 Session.

(3.) A Committee was constituted for the purpose of selection in the year 1997 consisting of the D.M.S.T., Orissa and the Principals of three Medical Colleges of the State. Out of total number of 188 seats, 91 seats were to be filled up directly which consisted on 72 seats of general category, 18 seats, i.e, 7 + 11, for S.C. and S.T. candidates respectively, and one for Physically Handicapped person. For inservice candidates the total number was 93, and in respect of general category the number of seats available was 74, whereas in respect of other categories the numbers were same. For higher specialities 4 seats were there, i.e., two seats each for D.M. (Cardiology) and M.Ch. (Neurosurgery).