SANJEEV CHAUHAN Vs. STATE OF H P

JUDGEMENT

(1.) The issue raised in these writ petitions pertains to the allocation of seats for the Post Graduate Degree (MDS) course. Annexure P-2 is the prospectus. The core controversy is whether the counseling should be based on the merit in the common entrance test or whether it should be proportionately applied between in-service and open merit candidates and within the in-service candidates, it should be proportionately rotated between regular and contract appointees. The prospectus prescribing for eligibility conditions and distribution of seats, has provided that there will be two groups. Group-A is All India Quota and Group-B is State Quota. The allocation is 50: 50. We are concerned only with distribution of seats in the State Quota.

(2.) In the State Quota, 80% seats will be filled up by in service candidates and 20% by direct. The in-service would take in its sweep the doctors who are in regular government service, ad hoc, contractual or appointees through the Rogi Kalyan Samities. There is a sub distribution between regular and others in the ration of 62: 38. Paragraph 3.7 of the prospectus deals with the reservation roster. Para 3.7(i) reads as follows:

(3.) Paragraph 5 deals with the counseling. Relevant extract of para 5.1 reads as follows: