SANJAY VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The National Institute of Pharmaceutical Education and Research (for short 'the Institute') has been created as a centre of excellence for higher training, research and development in pharmaceutical sciences and technology. It has been declared an institute of national importance by the Government of India. The Institute admits students for the M.Pharm., M.Tech. (Pharm.), M.S.(Pharm.) and Ph.D.Programmes in its various departments every year. Admissions to all the programmes of the Institute are made on the basis of the score in the test and interview conducted by the Institute for candidates found eligible based on their scores in the final highest degree and GA-TE/NT.The minimum qualification required for admission to Masters Degree Course in Pharmaceutical Technology is B.Pharm./B.Tech./B.E.in Chemical Engineering/M.Sc. in the relevant discipline provided the candidate has qualified in GA-TE/NET with a minimum GPA of 6.75 on a 10-point scale wherever letter (sic) grades are awarded or a minimum of 60% marks in aggregate wherever marks are awarded, or equivalent as determined by the Board of Studies and Research of the Institute. Relaxation in GPA to 6.25 on a 10-point scale or in marks of 55% in the eligibility criteria is allowed to a candidate belonging to the Scheduled Caste or Scheduled Tribe. Similarly, some relaxation is permitted in the case of handicapped candidates as well. 15% seats are reserved for Scheduled Castes and 7.5% seats for Scheduled Tribes. Seats are also reserved for physically handicapped candidates to the extent of 3% for admission to all the programmes of the Institute put together provided that not more than 2 candidates from this category are admitted in a single programme. The Information Brochure issued by the Institute further provides that "unfilled reserved category seats shall not be transferred to the general category".

(2.) Petitioner appeared in the test for admission to the Masters Degree in the trade of Pharmaceutical Technology and qualified in the same. There were in all four seats in the trade of Pharmaceutical Technology, three out of which were meant for general category candidates and one seat was reserved for a Scheduled Tribe candidate. On the basis of the result of the examination, the merit list was displayed by the Institute and three candidates Vibha Puri, Chaya Pathi and Kakumanu Vasu Kumar were selected against the open seats. Petitioner who was otherwise eligible was number one in the waiting list. The 4th seat reserved for a Scheduled Tribe candidate has been left unfilled due to the fact that no eligible candidate belonging to that category was available. Petitioner represented to the Institute that he may be given admission against the unfilled seat as he is not only eligible for admission but also number one on the waiting list. The Institute did not grant him admission as according to the Information Brochure, the unfilled reserved seats could not be transferred to the General Category. It is against this action of the Institute that the present Writ Petition has been filed under Article 226/227 of the Constitution.

(3.) In response to the notice of motion issued by this Court, the Institute has filed its reply. It is admitted that the petitioner qualified in the entrance test and is number one on the waiting list in the trade of Pharmaceutical Technology. It is also admitted that one seat reserved for a Scheduled Tribe candidate has been left unfilled because no eligible candidate from this category was available. It is, however, pleaded that in view of the prohibitory clause contained in the Information/Admission Brochure, unfilled reserved seats could not be transferred to the general category and, therefore, the petitioner could not be admitted against the vacant seat. Reliance has also been placed on the instructions dated 25-4-1989 and 15-3-1993 issued by the Government of India whereby ban has been imposed on de-reservation of vacancies reserved for Scheduled Castes/Scheduled Tribes in direct recruitment to the Civil Services.