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Judgment
A.M. Khanwilkar, C.J.—Heard counsel for the parties. This common order disposes of all the petitions before us today.
These matters, on the earlier occasion, were listed on 18.10.2012 when the Court called upon the Medical Council of India to consider whether the cases of the petitioners, who have been left out or likely to be affected because of realignment of the seats, can be allowed to continue with the course as a very special case for the current year. The Medical Council of India, however, has taken a firm stand that in view of the mandate of Section 10-A of the Indian Medical Council Act, such indulgence cannot be shown. It is not possible to ignore the said stand of the Medical Council of India.
The counsel for the petitioners, however, were at pains to persuade the Court to take a view that the Medical Council of India be directed to consider and issue instructions that the seats, exhausted by the petitioners, who are likely to be affected, can be adjusted against the seats available for admission to the concerned College, in the next academic year. Even with regard to this suggestion, the Medical Council has taken a firm stand that the same cannot be countenanced. We have no reason to issue direction to Medical Council, which would be, on the face of it, contrary to the mandate of law and moreso the consistent view taken by the Apex Court in that behalf.
In the light of these observations, the counsel for the petitioners would then rely on the decision of the Apex Court in the case of Ritesh R. Sah Vs. Dr. Y.L. Yamul and others, to contend that the realignment of seats must be consistent with the dictum in this decision. For, the admission secured by meritorious candidates, belonging to Scheduled Caste, who have been admitted in the colleges, must be treated as admitted against General Category and while computing the percentage of reservation, they should be deemed to as open category candidate and not as reserved category candidate. This submission was canvassed, relying on the dictum of the Apex Court in Paragraph-17 read with Para-12 of the above-said judgment. In the light of this submission, we called upon the respondent - State to clarify the position about the methodology adopted by the Authorities while finalizing the admission process. The Director, Medical Education, on affidavit has explained the position with regard to each college separately as well as the category of students admitted to the course. A chart, indicating the factual position, has been appended to this affidavit dated 24.5.2013. On examining the said chart and comparing with marks secured by the concerned candidates, it is noticed that the procedure followed by the Authorities is in conformity with the decision of the Apex Court referred to above. Further, we are in agreement with the conclusion noted at the end of the chart of the manner in which admission process has been finalized and the consequence of said position, which reads as under:-
Detail of candidates whose admission have been cancelled or have been reverted back to previous college by the Counseling committee in its meeting held on 6.10.2012 pursuant to two excess admission in Indira Gandhi Medical College, Shimla
As per admission schedule prescribed by the Medical Council of India on the basis of directions of the Hon''ble Supreme Court of India the last cut off date for admission was 30.9.2012 and in view thereof admission process for the session 2012-13 was completed by the Counselling Committee constituted by the State Government under the Chairmanship of the Director Medical Education & Research, H.P.
After the closing, the date of admission, the Principal IGMC, Shimla vide letter dated 4.10.2012 and 5.10.2012 had informed that two excess admission were made in IGMC, Shimla due to furnishing incorrect information with regard to vacant seats of All India Quota under General category to the Director Medical Education & Research, H.P. Shimla and had requested to take necessary action to avoid further complications. In view thereof the emergent meeting of Counselling Committee was called by the Directorate medical Education & Research, H.P. - cum-Chairman Counselling Committee and the candidates who were in the bottom of the merit have been either reverted back to the previous college or have cancelled the admission of two candidates namely Anshul Chauhan and Shivali who was provisionally admitted under SC & General category respectively in Dr. RPGMC, Tanda and Shivani who was admitted in HPGDC, Shimla out of waiting. The actual position is as under:-
The Counselling Committee after due consideration of every facts and factual position of the two excess admissions under General category made in IGMC decided as under:-
(i) That the last candidate namely Gaurav Kumar S/o. Sh. Suresh Kumar bearing Roll No. 5122328 having merit Rank-94 (Marks-656) of General Combined merit who was earlier shifted from Dr. R.P.G.M.C. Tanda to I.G.M.C. Shimla in MBBS course against first excess vacant seat converted from All India Quota to State Quota under General category in IGMC Shimla is hereby reverted back to Dr. R.P.G.M.C. Tanda under General Category seat and thus status quo ante is maintained.
(ii) That the second last candidate namely Ms. Akanksha Bharti D/o. Sh. Man Singh Bharti bearing Roll No. 5124880 having merit rank-90 of General Combined merit and SC category Rank-3 (Marks-656) who was earlier admitted/covered under General category seat in MBBS course by virtue of her General Combined merit Rank-90 as per provision III. 9(i) (ii) at page-5 of the prospectus against the second excess vacant seat converted from All India Quota to State Quota under General category in IGMC Shimla (earlier admitted under SC category seat in IGMC Shimla during the Ist round of counseling) is now reverted back to her SC category seat in IGMC Shimla and thus status quo ante is maintained. As a sequel to reversion of Ms. Akanksha Bharti to SC category in IGMC Shimla. Mr. Rohit Kumar S/o. Sh. Ajay Kumar bearing Roll No. 5126851 having merit Rank-24 (Marks-596) under SC category who was earlier shifted from Dr. R.P.G.M.C. Tanda to I.G.M.C. Shimla against the above resultant seat is now reverted back to Dr. R.P.G.M.C. Tanda under his own SC category seat and his status quo ante is maintained.
(iii) That as a sequel of reverting back of both the candidates referred at (i) & (ii) above to Dr. R.P.G.M.C. Tanda, the provisional admission granted to Ms. Shivali D/o. Sh. Subhash Chander Chaudhary bearing Roll No. 5123301 having merit Rank-148 under General Combined merit (Marks-632) in the MBBS course in Dr. R.P.G.M.C. Tanda against the excess vacant resultant seat of General category due to shifting of aforesaid candidate namely Mr. Gaurav Kumar S/o. Suresh Kumar against excess vacant seat of All India Quota under General category in IGMC Shimla, her admission in MBBS course in Dr. R.P.G.M.C., Kangra at Tanda is treated as cancelled and is reverted back to H.P. Govt. Dental College, Shimla under General Category seat and her status quo ante is maintained. Further, the admission of Anshul Chauhan S/o. Surinder Singh Chauhan bearing Roll No. 5125088 having merit Rank-34 under SC category (Marks-583) who was earlier admitted provisionally to MBBS course in Dr. R.P.G.M.C. Tanda against the vacant resultant seat of SC category due to shifting of Mr. Rohit Kumar S/o. Sh. Ajay Kumar against excess vacant resultant seat of All India Quota in IGMC Shimla under SC category is hereby cancelled due to non availability of vacant seat under SC category.
(iv) Further as a sequel to reversion of Ms. Shivali D/o. Sh. Subhash Chander Chaudhary bearing Roll No. 5123301 having merit Rank-148 under General Combined merit (Marks-632) to H.P. Govt. Dental College, Shimla who was granted provisional admission on 29.9.2012 to MBBS course in Dr. R.P.G.M.C. Tanda against the excess vacant resultant seat of General category as mentioned above (iii), the last candidate namely Ms. Shivani D/o. Sh. Balbir Singh Roll No. 5121526 having merit Rank-507 (Marks-548) of General Combined merit who was granted provisional admission under General category on 28.9.2012 in H.P. Govt. Dental College, Shimla against resultant vacant seat of above named candidate now stands cancelled.
(v) In view of position stated above following candidates admitted in the course:-
(1) Anshul Chauhan S/o. Sh. Surinder Singh Chauhan SC Merit Rank - 34 (marks 583) whose General combined merit Rank-350 was admitted in Dr. R.P.G.M.C., Tanda under SC Category against the excess vacancy. However, General combined merit was exhausted at merit Rank-147 in Dr. R.P. Govt. Medical College, Kangra at Tanda.
(2) Shivali D/o. Shri Subhash Chander Chaudhary General merit Rank-148 (marks 632) who was earlier admitted for BDS Course in HPGDC, Shimla was shifted to Dr. R.P.G.M.C., Tanda against the excess vacancy.
(3) Shivani D/o. Shri Balbir Singh General merit Rank-507 (marks 548) was stand in the waiting list. She was admitted in HPGDC, Shimla against the resultant vacant seats of above Ms. Shivali who was shifted to Tanda.
It is further submitted that due to excess admission, admission of Anshual and Shivani are required to be cancelled. So far as the Shivali is concerned she will revert back to previous college i.e. HPGDC, Shimla for BDS course.
The effect of this realignment of seats, inevitably, would result in cancelling the admission already given to Anshul Chauhan, whose merit rank is stated to be 34 in Scheduled Caste category (General Combined Merit Rank-350) being in excess; and because of the mistaken belief that two additional seats became available against the un-utilized All India Quota. Similarly, in the case of Shivani, she has secured Merit Rank-507 of General Combined merit and was studying in BDS Course in HP Dental College, Shimla. Her admission will stand cancelled due to the reversion of Ms. Shivali to H.P. Govt. Dental College, Shimla to her original seat.
In other words, we are more than convinced that the principle stated by the Apex Court in Ritesh. R. Sah (supra), has been fully complied by the Authorities while finalizing the admission process. In the circumstances, these petitions are disposed of with liberty to the Authorities to take corrective steps, if already not taken, forthwith.
We place on record, the submission, made by the learned Advocate General that reverting Ms. Shivali to her original seat in BDS Course will be permissible though it may be a mid-term transfer to the original seat in BDS Course. We are not expressing any final opinion in that behalf. We leave that issue to be considered by the competent Authority and in particular the Medical Council of India/Dental Council of India subject to their approval, the decision to revert Ms. Shivali to the BDS Course may be taken forward. If the permission is denied, it may not be permissible to ever revert Ms. Shivali to her original seat.
After this order is dictated, counsel for Ms. Shivani submits that some seats have become vacant in BDS Course due to drop out candidates. Out of those seats, one of the seat can be offered to Ms. Shivani. Learned Advocate General, on instructions of the officials, who were present in the Court, states that this submission is incorrect as there is no vacancy available in BDS Course as of today in this academic year. Petition disposed of on the above terms.