JAVED IQBAL Vs. STATE

JUDGEMENT

(1.) PETITIONER , a Doctor with MBBS qualification applied for admission to Post Graduation Course pursuant to Notification No. 370 -Edu of 2002 dated 21 -9 -2002. Entrance Test was to be conducted for the purpose, which was held and a select list notified vide Notification No. 81 -CAEE of 2002 dated 28 -11 -2002. Petitioner belongs to RBA category and was placed at S.No.11 of the said category with 153 marks secured by him in the Entrance Examination. Vide Notification No. 82 -CAEE of 2002 dated 28 -11 -2002 selected candidates were asked to fill up their forms giving their option, preference -wise for the allocation of the discipline in the Post Graduation Courses in the Medical Colleges of the State. According to the petitioner he gave his option and preference in the following manner: - -

(2.) PETITIONER has challenged the allocation of discipline as according to him there were 31 seats advertised in MD -Medicine and out of the category quota of 35% the category candidates are entitled to 11 seats with 10.85%. However, only 10 seats have been allocated to the reserved category candidates for the discipline of Medicine, whereas 11 seats have been allotted to the candidates in the Open Merit category for the same discipline. It is stated that under SRO 126 of 1994 the allocation has to be equal between Open Category and Reserved Categories as is prescribed under Rule 24 -A(1) and 24 -A (2). It is further stated that respondent No.4, who was selected in the Open Merit Category has been adjusted against the reserved category resulting in reduction of one seat of the reserved category candidate and the petitioner is entitled to be selected in the said category.

(3.) THE competent authority has submitted its reply and asserted that out of 31 seats meant for MD - Medicine as notified 11 seats have been allocated for the reserved category candidates, on the basis of preference, merit and counseling. The selected candidates were given the option for the discipline and the institution. Petitioner, who has secured 153 marks and on the basis of the merit -cum -choice he has been allotted the Diploma Course in Paediatrics. It is further stated that the last candidate selected in the reserved category obtained 153 marks while in the open category last candidate has obtained 170 marks. It is further stated that as far as respondent No.4 is concerned he has not been selected in reserved category.