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Judgment
C.V.N. Sastri, J.—In this writ petition, the petitioner assails the action of the A.P. University of Health Sciences i.e., respondents 1 and 2 in denying admission to him and instead admitting the third respondent herein in M.D. (R.D.) Course for the year 1995-96 and seeks a further direction to respondents 1 and 2 to admit the petitioner in the M.D. (R.D.) or M.S. General Surgery Course for the year 1995-96 by setting aside the admission granted to the third respondent.
The petitioner is a candidate belonging to Schedule Caste non-service category whereas the third respondent is a Scheduled Caste candidate belonging to the service category. In the entrance test the petitioner secured Rank No. 476 in the Master Merit List whereas the third respondent secured Rank No. 697. The grievance of the petitioner is that though he secured a much higher rank than the third respondent, he (petitioner) was unjustly denied admission by the selection committee and the third respondent was favoured with a seat in M.D. (R.D.) in violation of the rules of admission.
Despite service of notice, the third respondent has not chosen to appear and contest the writ petition. A counter-affidavit is, however, filed by the first respondent i.e., the Registrar and Chairman of the selection committee, A.P. University of Health Sciences, justifying the selections made and stating that during the selections, the petitioner did not opt for the subjects in which he was offered admission.
It is not in dispute that as per the Regulations for Admission to Post Graduate Medical Courses for the academic year 1995-96,15% of the total number of seats are reserved for Schedule Caste candidates out of which 15% are earmarked for Schedule Caste service candidates. The number of seats available in each group and the seats reserved for different categories are reflected in Annexure-II of the said Regulations. Annexure-II, in so far as it relates to Medicine Group is as follows:
"ANNEXURE-II
NO. OF P.G. SEATS IN OSMANIA/KAKATIYA UNIVERSITY '' AREA MEDICAL COLLEGES FOR 1995-96.
________________________________________________________________________________________ Sl. Subject OMC GMC KMC Total OC BC SC ST Un- Seats No. Hyd Hyd Wgl Reser- Service ved quota ________________________________________________________________________________________ MEDICINE GROUP DEGREES: 1. MD(Gen.Med.) 7 6 4 17 9 4 3 1 2 3(OC-1, BC-1, SA -SC-1) 2. MD(Paed) 5 2 2 9 5 2 1 1 1 1(OC) 3. MD(Anes) 8 3 3 14 7 4 2 1 2 2(OC-1, BC-1) 4. MD(T.B.) 2 - 1 3 2 1 - - 1 - 5. MD(V.D.) 1 1 - 2 1 1 - - 1 - 6. MD(R.D.) 2 1 1 4 2 1 1 - 1 1(SA) 7. MD(Derm) 2 1 1 4 2 1 1 - 1 1(SA) 8. MD(Psy.) 2 - - 2 1 1 - - 1 _________________________________________________________________________________________ 29 14 12 55 29 15 8 3 - 8 _________________________________________________________________________________________ MEDICINE GROUP DIPLOMAS: 1. DCH 10 4 4 18 9 5 3 1 2 3(OC-1, BC-1, SA-SC/ ST-1) 2. DA 16 6 6 28 15 7 4 2 4 4(OC-2, BC-1, SC-1) 3. DTCD 2 - 1 3 2 1 - - 1 - 4. DV 1 1 - 2 1 1 - - 1 - 5. DMRD 2 1 1 4 2 1 1 - 11(SA) 6. DD 4 2 2 8 5 2 1 - 1 1(OC) 7. DPM 4 - - 4 2 1 1 - 1 KSA) ___________________________________________________________________________ 39 14 14 67 36 18 10 3 - 10 (Total Group (Degree+Dip.) 68 28 26 122 65 33 18 6 - 18 ____________________________________________________________________________ Net Group Reser- vation Degrees 55 30 14 5 3 - 3 Diplomas 67 36 17 10 4 - 10 __________________________________________________ Total 122 66 31 18 7 - - 18** ___________________________________________________________________________________________ BCs. A B C D **Ser OC BC SC ST (BC-A or D-1, B-1) Degrees 4 5 1 4 Degrees 5 2 1 - (BC-A,B,D each one) Diplomas 5 7 - 5 Diplomas 4 3 2 1 _________________________________________________________________________________________ 9 12 1 9 9 5 3 1 _______________________________________________________________________________________ (1) One extra Degree seat of BC shall be converted to OC to make up net group reservation.
(2) One extra Diploma seat of BC shall be converted to ST to make up net group reservation.
(3) Two non-service OC Degree seats shall be converted to service to make up net group reservation.
(4) One non-service SC degree seat shall be converted to service to make up net group reservation.
(5) One BC non-service Diploma seat shall be converted to BC service to make up net group reservation.
(6) One ST Diploma non-service seat shall be converted to ST service to make up net grou p reservation.
(7) One SC Diploma non-service seat shall be converted to SC service to make up net group reservation.
MD(RT)-3 seats at OMC, Hyd. statewide course."
It will be seen from the above table that the total number of seats in the medicine group (Degree+Dip.) is 122 of which 18 seats are reserved for Schedule Castes and 18 seats are reserved under service quota. Out of the 18 seats earmarked under service quota, three are meant for S.Cs., (one for Degrees, and two for Diplomas). In the instant case, we are primarily concerned with MD (G.M.), M.D. (R.D.) and M.D. (Derm) in which only there is a provision for selection of S.C. service candidate. Out of the 17 seats which are available in M.D. (G.M.), three seats are reserved for S.C. candidates and three seats are reserved for service candidates i.e., O.C.-l, B.C-1, S.A-S.C.-l (S.A. means ''subject to availability'').
Out of the four seats available in M.D. (R.D.) one seat is reserved for S.Cs. and one (S.A) under service quota. Likewise out of the four seats available in M.D. (Derm.) one is reserved for S.Cs. and one (S.A) under service quota. Hence as per the Regulations, there is provision for selection of S.C. service candidate in General Medicine subject to availability. In M.D. (R.D.) and M.D. (Derm.) though there is a provision for reservation of one seat each in the service quota subject to availability, they are not earmarked for S.C. service candidates. That means the said seats shall be allotted either to O.C. or B.C. or S.C. depending upon the availability. It is the contention of the petitioner that having regard to the above provisions made in the Regulations, the third respondent who is an S.C. service candidate could be accommodated, if at all, only in M.D. (G.M.) but not In M.D. (R.D.) and the petitioner, who secured a higher rank than the third respondent is entitled for the single seat in M.D. (R.D.) which is reserved for S.Cs. We find considerable force in the said contention of the petitioner.
In the counter-affidavit of the first respondent, the selection of the third respondent for the seat in MD (R.D.) is sought to be justified by stating as follows:
"6.1 submit that during the selection process, three seats i.e., 1 each in M.D. (G.M.) and M.D. (RD) & M.D. (Derm.) were reserved for S.C. service candidates. But only one S.C. Service candidate is eligible for a degree seat, the option was given to S.C. Service candidates to choose one of the Degree seats either in Gen.Med., R.D., or Derm., and the remaining two seats shall be converted to S.C. non-service. I submit that the candidate withRank695 belonging to Schedule Caste with Hall Ticket No. 1947 has chosen M.D. (RD) and the Selection Committee has converted M.D. (G.M.) & M.D. (Derm.) to non-service seats."
The above method of selection adopted by the selection committee, in our considered opinion, is contrary to the specific provisions made in the Regulations. When Annexure-II of the Regulations made a specific provision for reserving a seat for S.C. service candidate in M.D. (G.M.) only subject to availability, it was not open to the selection committee to reserve three seats for S.C. service candidates and give them choice to select one out of them and thereby provide a seat to the third respondent in M.D. (RD) ignoring the superior claim of the petitioner for the said seat. Regulation 10(iv) clearly provides that on the dates notified the candidates shall be called in order of merit by the selection committees and ask them to opt for subject of his/her choice in the available subjects in the college. The selection committee will issue selection order immediately. The selection committee was, therefore, bound to call the candidates in order of merit and offer the subjects available for their choice. The selection committee could not, therefore, block all the three seats in M.D. (G.M.), M.D. (R.D.) and M.D. (Derm.) for the choice of S.C. service candidate. It must also be remembered that the provision for reservation made in favour of S.C. service candidates in Annexure-II is not unconditional but it is only subject to availability. That clearly means that an S.C. non-service candidate with a higher rank will get precedence over an S.C. service candidate with lower rank in the matter of choice of subject. It is stated that the petitioner was offered admission in M.D. (G.M.), M.D. (Derm.) and M.D. (Anae.) but he did not opt for the same. The petitioner is interested in M.D. (R.D.) but the same was given away to the third respondent without giving the petitioner a chance to opt for it even though he secured a higher rank than the third respondent.
We are, therefore, satisfied that the selection of the third respondent to the seat in M.D. (R.D.) and denial of the same to the petitioner cannot be justified at all. Accordingly we allow the writ petition and direct respondents 1 and 2 to admit the petitioner in M.D. (R.D.) of course for the academic year 1995-96 as per the rank and in accordance with the regulations For admission, if necessary, by cancelling the admission of the third respondent in M.D, (R.D.). Though it is stated that there are some other candidates, who secured higher ranks than the petitioner and who might be desirous of opting for the seat in M.D. (R.D.), since none of them has made any grievance about it and on the other hand, they are reported to have accepted and joined the courses offered to them, we are not inclined to disturb the entire selection process. The third respondent may be accommodated in any other seat to which he may be found entitled as per his rank in accordance with the Regulations. There will be no order as to costs.