HARSH KIRAN BUBBER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by petitioner, inter-alia, with prayer that counselling conducted on 31.3.2009 by respondent PG Admission Board, Government Dental College and Hospital, Jaipur, for admission to Master of Dental Surgery Course (for short, 'MDS Course'), be declared illegal and admission granted to respondents No. 4 and 5 on that basis against in-service quota seats be quashed and set-aside. Further prayer has been made that action of respondents in applying reservation policy for in-service quota be declared illegal and seats be directed to be filled in on merit basis alone. Alternatively, it is prayed that action of respondents in adopting 100 point roster and running account roster meant for direct recruitment on year to year basis to admission, be declared illegal and seats be directed to be filled in only on the basis of merit, and that petitioner be granted admission to MDS course against in-service quota seats on the basis of her second merit in pre-PG Dental Examination, 2009. Petitioner had served Armed Forces (Indian Navy) from 7.4.1997 to 6.4.2007 as Short Service Commissioned Officer. She appeared in pre-PG Dental Examination, 2009 for admission to MDS course against in-service quota as per stipulation contained in clause 2(4) of the instructions booklet issued by respondent No. 2. She stood second in merit of in-service quota. In the year 2009 there were in all two seats for in-service quota and three seats for open category. Out of these three seats, admission on one seat was granted to general candidate against unreserved seat whereas a candidate belonging to Scheduled Tribe was given admission on second seat. Aggrieved thereby, petitioner has approached this court with aforesaid prayer.

(2.) Shri S.P. Sharma, learned Senior Advocate appearing on behalf of petitioner, has argued that since there were only five seats in the year 2009, 100 point roster and running account roster prescribed by the government in Annexure-II (Schedule-A annexed with writ petition), appended to the government circular dated 20.11.1997, could not be applied for the purpose of reservation and rather Appendix to Annexure-II, which contained model roster for direct recruitment for cadre strength upto 8 posts, should have been applied.

(3.) Learned counsel for petitioner argued that in the year 2006 there were four seats out of which two seats were given to open/non-service quota and two seats went to in-service candidates. Against both seats of in-service quota, one candidate of ST and another candidate of OBC were admitted. In the year 2007, there were five seats in State quota and this time only two seats were given to in-service quota and three seats were given to non-service/open category quota, so both the seats of in-service quota went to in-service general category candidates. In the year 2008, there were in all five seats of State quota, out of which three seats were given to in-service candidates and two were given to non-service/open category candidates. Out of these three seats, one seat each was given to OBC, SC and general candidate.