Supreme Court of India
RAJIV MITTALversusMAHARSHI DAYANAND UNIVERSITY AND ORS.
- Citation
- 1997 INSC 767
- Decided
- 28 November 1997
- Disposal
- Appeal(s) allowed
- Bench
- S VERMA
Holding
A candidate who has obtained admission under the reserved‑category quota in the first counselling cannot be adjusted against a later vacant open‑category seat, and therefore the appellant’s admission to the open‑category seat is valid.
Summary
The case concerned admission to the MBBS programme at Rohtak Medical College, where 60 seats were divided into 49 open‑category and 11 backward‑class reserved seats. Sunil Yadav (S) ranked first in the backward‑class list but 62nd in the open list; he failed to obtain an open‑category seat in the first counselling and was subsequently admitted under the reserved quota. A later vacancy in the open‑category pool was filled by the appellant, Rajiv Mittal, in a second counselling. The petitioner argued that S should have been adjusted against this open seat, thereby vacating a reserved seat for another backward‑class candidate. The High Court ordered such adjustment, but the Supreme Court held that once S secured a reserved‑category seat in the first counselling, he could not be treated as an open‑category candidate for a later vacancy, and Note 2 of the university brochure did not apply. Consequently, the appellant’s admission stood and the petition was dismissed.
Issues considered
- Whether a candidate who has secured admission in the reserved category during the first counselling can be adjusted against a vacant open‑category seat in a subsequent counselling.
- Whether Note 2 of the Maharshi Dayanand University information brochure is applicable to the facts of this case.
- Whether the High Court erred in directing cancellation of the appellant’s admission.
- Interpretation of Article 16(4) of the Constitution concerning reservation and merit.
Legislation cited
- Constitution of Indias. Article 16(4)
Subjects
reservationmedical college admissioncounsellingopen categoryreserved categoryseat adjustmentArticle 16(4)higher education
Judgment
RAJIV MITTAL A
v.
MAHARSHI DAY ANAND UNIVERSITY
AND ORS.
NOVEMBER 28, 1997
B
[J.S. VERMA, CJ., B.N. KIRPAL AND M. SRINIVASAN, JJ.]
Constitution of India-Article I6(4)-Information Brochure of the
Maharshi Dayanand University, Rohtak-Reservations-Admissions in
Medical Colleges in State of Haryana-System of counselling-Reserved C
category candidate having failed to secure admission in general category in
first counselling, could secure admission to reserved seat in first counselling-
Once admission obtained in Medical College could not be allowed to take·
part in second counselling for general category-Note 2 in the Information
Brochure held inapplicable in fact situation. D
For the session 1996-97, Rohtak Medical College affiliated to
respondent University had 60 M.B.B.S. free seats, out of which 49 seats were
to be filled from the open category candidates while remaining I I seats were
reserved for backward class candidates. In the entrance examination, one S,
on the basis of his marks, secured position at seriaI°No. I in the category E
of backward class quota while in the general category, he had been placed
at merit position No. 62. As the seats to the medical colleges are filled on
the basis of counselling where candidates are given option to .select the
college where they want to study, in the first counselling for the 49 seats
in the open/general category, 'S' did not secure any seat in the gener.il F
category because of his low merit position he was placed at serial No. I in
the category of backward class. Therefore he got selected and secured
admission to the M.B.B.S. Course at the Medical College in the reserved
category. Inasmuch as few seats in the general category had fallen vacant,
second counselling was held and students upto serial No.60 in the merit list
were granted admission and there still remained one seat in the general G
category which remained to be filled. The candidate at merit list No.61 did
not join the counselling, 'S' who was at merit list No.62 having already
secured admission. Also did not appear for the counselling for general
category. As Candidates at serial Nos. 63,64 and 65 also not joining for
counselling, this seat was thereupon offered to the appellant who was at H
573 •
574 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.
A serial No.66 who accepted the offer of admission and joined the Medical
College. Respondent 3, reserved category candidate, not able to get admission
inasmuch his merit position in the reserved category was at serial No.12
while the number of seats in this category in that college were only 11, all
those seats having been filled. Filed a writ petition contending that 'S' should
B have been adjusted against the general category seat which had been allotted
to the appellant in the second counselling, and if this was done. One seat in
the reserved category would fall vacant which would fall to respondent 3.
The High Court allowed the writ petition holding that 'S' should have
been adjusted against the seat in the general category which had been
C offered to the appellant at the time of second counselling and that the
reserved seat, which would be so vacated by 'S' should be offered and admission
granted to respondent 3, and that the s~at occupied by the respondent was
directed to be given to the appellant and writ petitioner should be shifted to
seat which was occupied by the appellant in the Medical College.
D This appeal had been filed against the judgment of the High Court The
appellant contended that the High Court could not direct that 'S' should be
considered as having been given the general category seat in the second
counselling when he had already secured admission in the first counselling
in the reserved category. The respondent relying on Note 2 of the Information
Brochure of the respondent University contended that 'S' could only be
E adjusted against the open category seat and he could not be considered for
the reserved category.
Allowing the appeal, the Court
HELD: I.I. The system of counselling for the purpose of granting
F admission to the various medical colleges in the State of Haryana is now
regarded as most equitable one where options are given of various seats to
the students in accordance with their overall merit p~sition in the combined
entrance examination. Which examination is competitive in nature. If as a
result of first counselling all the seats, which are available, are filled then
G no further counselling takes place. Where however some seats become
available, then it appears that second, third or if the need arises fourth
counselling does take place but in such a manner that normally there should
be no delay in the commencement of the course of study. Unless and until
counselling takes place no candidate who has been granted admission on the
basis of the counselling is allowed to change his college merely because a
H seat in another college has fallen vacant. The seats if any, which fall vacant,
RAJIV MITT AL v. MAHARSHI DAY ANAND UNIVERSITY 575
·. can only be filled if and when counselling takes place where the candidates A
who have already been selected may have an option of shifting to another
college. Counselling for seats to medical colleges must stop once the courses
of study commence. [578-E-H]
1.2. Note 2 in the Information Brochure of the Maharishi Dayanand
University, Rohtak will have application only when a reserved category B
candidate is in a position to secure, and secures admission to a seat in the
general catagory in the same counselling in which seat is available to him
in the reserved category. It is for this reason that the first counselling for
the general category candidates was held on 9.9.1996 while the first
counselling for the reserved category candidates was held on 10.9.1996. The
first counselling was spread over two days so that if any reserved category C
student had managed to secure admission to the general category seat then
he will not be entitled to adjustment against the reserved seat. Had 'S'
secured admission to any one of the 49 seats in the first counselling held
on 9.9.96 then he could not have been called or considered for admission
against any of the 11 reserved seats in the counselling which was held for D
the backward class candidates on 10.9.1996. As 'S' s position in the open
category was at serial number 62 and the last candidate who had secured
admission at the first counselling against the 49th seat was at serial No.53,
therefore, having failed to secure admission on 9.9.96 'S' was rightly allowed
to take part on the second day of the first counselling for the backward class
candidates which was held on 10.9.1996. It was in that counselling that he E
was selected and granted admission to the Medical College at Rohtak. Once
'S' had secured admission in the reserved category quota at the first
counselling, there would be no occasion for him to take part in the second
counselling for the general category seat for the same college which was
held on 26.9.1996. The seat which had fallen vacant was one of the 49 seats
which was required to be filled by the general category candidates. As the F
aforesaid Note 2 was not applicable to a case like the present, where 'S'
having failed to secure admission to a seat in the open category in the first
counselling for that category but had secured admission to the reserve seat
in the same counselling, the question of his being shifted or being regarded
as a candidate to the open category seat which had become available only G
after he had secured admission did not and could not arise and consequently,
the appellant was rightly granted admission to the general category seat in
the Rohtak Medical College. [579-F-H; 580-A-D]
Indra Sawhney v. Union of India, [1992] Supp 3 212, referred to.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6613 of H
576 SUPREME COURT REPORTS [1997) SUPP. 5 S.C.R.
A 1997.
Form the Judgment and Order dated 23.7.1997 of the Punjab & Haryana
High Court in C.W.P.No.1782of1997.
Manoj Swarup for the Appellant.
B
K.K. Mohan for the Respondents.
The Judgment of the Court was delivered by
KIRPAI, J. The question which arises for consideration in this appeal
C relates to the admission to first year M.B.B.S. Course for the session 1996-
97 to the Rohtak Medical College, respondent No.2.
Seats in different medical colleges in the State of Haryana are filled on
the basis ofM.B.B.S. Entrance examination Roh~ Medical College, respondent
No.2 is affiliated to Maharshi Dayanand University, Rohtak and for the session
D 1996-97 it had 60 M.B.B.S. free seats to which admission had to be made in
the first year of the said course. Out of this 49 seats were to be filled from
the open category candidates while remaining 11 seats were reserved for
backward class candidates.
In the entrance examination one Sunil Yadav, on the basis of his marks,
E had secured position at serial No. I in the category of backward class quota
while in the general category he had been placed at merit position No.62 The
seats to the medical colleges are filled on the basis of counselling where
candidates are given option to select the college where they want to study.
This option is given to the candidates whose names are arranged in the order
of merit.
F
On 9.9.15196 the first counselling for the 49 seats in the open/general
category was held. Sunil Yadav did not secure any seat in the general category
because of his low merit position. On the following day i.e. 10.9.1996, Sunil
Yadav appeared for the first counselling for the reserved seats as he had been
G placed at serial No. I in the category of backward dass. He naturally got
selected and secured admission to the M.B.B.S. Course at the Rohtak Medical
College in the reserved category.
If after the first counselling certain seats remain unfilled then second
third or fourth counselling, as the need arise, takes place. Inasmuch as few
H seats in the general category had fallen vacant second counselling was held
. RAJIV MITTAL v. MAHARSHI DAY ANAND UNIVERSITY [KIRPAL, J.] 577
"'
on 26.9 .1996 Students upto serial No. 60 in the aforesaid merit list were A
granted admission and there still remained one seat in the general category
which remained to be filled. The candidate at merit list No.61 did not join the
counselling, Sunil Yadav, who was at merit list No.62 having already secured
admission, also did not appear for the counselling for the general category
Similarly candidates at serial Nos. 63,64 and 65 also did not join for counselling. B
This seat was thereupon offered to the appellant therein who was at serial
No. 66. He accepted the offer of admission and joined the Rohlak Medical
College.
Respondent No.3 who belonged to the reserved category could not get
admission in the Rohtak Medical College inasmuch as his merit position in C
the reserved category was at serial No.12 while the number of seats in this
category in that college were only 11 and all those seats had been filled. He
thereupon filed a writ petition in the Punjab & Haryana High Court contending
that Sunil Yadav should have been adjusted against the general category seat
which had been allotted to the appellant herein in the second counselling held
on 26.9.1996 and if this is done one seat in the reserved category would fall D
vacant which would naturally fall to respondent No.3. .
On behalf of the respondent No.I the stand taken was that Sunil Yadav
could not be considered in the first counselling in the open category because
he did not fall among those open category candidates who had'been given
admission against 49 open category seats. Candidates upto merit position 53 E·
had been offered admission against these seats at the time of first counselling
Thereupon sunil Yadav was called for first counselling for reserved seats and
was granted admission against the backward category quota. He having thus
secured the seat lost his claim for open category and therefore, did not attend
the second counselling which was held on 26.9.1996.
F
The High Court, allowed the writ petition filed by respondent No.3 as
it held that it was ''settled principle of law that a candidate from the reserved
class, if is entitled to get admission to a course of his own merit in the general
list he must be treated on his merit and not accommodilted against the
reserved vacancy". It thereupon came to the conclusion that Sunil Yadav G
should have been adjusted against the one seat in the general category which
had been offered to the appellant at the time of second counselling and that ·r
the reserved seat, which would be so vacating by Sunil Yadav, should be
offered and admission granted to respondent No.3. It however, directed that
the seat which was occupied by respondent in the Medical College, Agroha,
Hissar, Haryana should be given to the appellant herein and writ petitioner H
578 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.
A should be shifted to the seat which was occupied by the appellant herein in
the Medical College at Rohtak. It may here be noticed that respondent No.3
had already secured admission at Medical College, Agroha, Hissar, Haryana
but he wanted to shift to the Medical College, Rohtak just as the appellant
herein had already secured a admission in another medical college and he too
c
B wanted to shift to the Rohtak Medical College.
On behalf of the appellant, it has been contended that the High Court
could not direct that Sunil Yadav should be considered as having been given
the general category seat in the second counselling when he had already
secured admission in the first counselling in the reserved category. On the
C other hand, the respondents have relied on the judgment of the High Court
and in particular Note 2 of the Information Brochure and contended that Sun ii
Yadav could only be adjusted against the open category seat. and he could
not be considered for the reserved category.
In our opinion the High Court erred in allowing the writ petition and
D directing that the admission which had been granted to the appellant, should
be cancelled. The system of counselling for the purpose of granting admission
to the various medical colleges in the State is now regarded as most equitable
one where options are given of various seats to the students in accordance
with their overall merit position in the combined entrance examination, which
examination is competitive in nature.
E
If as a result of first counselling all the seats which are available are
filled then no further counselling takes place. Where however some seats
become available then it appears that second third or if the need arise fourth
counselling does take place but in such a manner that normally there should
be no delay in the commencement of the course of study. Further more unless
F and until counselling takes place, no candidate who has been granted
admission on the basis of the counselling is allowed to change his college
merely because a seat in another college has fallen vacant. The seats if any
which fall vacant can only be filled if and when counselling takes place where
the candidates who have already been selected may have an option of
G shifting to another college. An appropriate analogy of this system is that of
a booking chart for a dramatic performance which has to take place in the
future. The people standing in the queues reserve or book their seats out of
those which are available according to their preference. Once the chart fills
up the booking closes. Only sometimes if tickets are returned they may be
reissued. But once the dramatic performance starts no one is allowed to enter.
H Just as counselling for seats to medical colleges must stop once the courses
RAJIV MITTAL v. MAHARSHI DAY ANAND UNIVERSITY [KIRPAL, J.) 579
of study commence. A
The learned counsel for the respondents submitted that Sunil Yadav
could only be considered as a general category candidate and placed reliance
on the observations of th is Court in Indra Sawhney & Ors. v. Union of India,
[1992] supp. 3 sec 212 where at page 735, it was observed as follows:
B
"In this connection it is well to remember that the reservations under
Article 16(4) do not operate like a communal reservation. It may well
happen that some members belonging to say Scheduled Castes get
selected in the open competition field on the basis of this own merit;
they will not be counted against the quota reserved for Scheduled
Castes; they will be treated as open competition candidates." C
The aforesaid principle has, apparently been incorporated in Note 2 in
the Information Brochure of the Maharshi Dayanand University Rohtak which
reads as follows.
"A candidate who applied either for reserved category or for both D
reserved and open will be considered first in open category. In case
he/she is not selected in open category, he/she will be considered for
reserved category."
The aforesaid Note 2 has been construed by the High. Court to mean
that Sunil Yadav who was also in the merit list for the seat in the open E
category should be considered as having been selected to the open category
seat and he should not be considered as having been selected for the
reserved category seat.
The aforesaid Note 2 has not been correctly construed by the High
Court. This note, in a case like the present, will have application only when F
a reserved category candidate is in a position to secure and secures admission ·
to a seat in the general in the same counselling in which seat is available to
him in the reserved category. It is for this reason that the first counselling
~· for the general category candidates was held on 9.9.1996 while the first
counselling for the reserved category candidates was held on 10.9.1986. In G
other words the first counselling was spread over two days so that if any
reserved category student had managed to secure admission to the general
category seat then he will not be entitled to adjustment against the reserved
seat. Had Sunil Yadav secured admission to any one of the 49 seats in the
first counselling held on 9.9.96, then he could not have been called or
considered for admission against any of the 11 reserved seats in the counselling H
580 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.
A which was held for the backward class candidates on 10.9.1996. As Sunil
Yadav's position in the open category was at serial number 62 and the last
candidate who had secured admission at the first counselling against the 49th
seat was at Serial No. 53 therefore, having failed to secure admission on
9.9.1996 Sunil Yadav was rightly allowed to take part on the second day of
the first counselling for the backward class candidates which was held on
B 10.9.1996. It is in that counselling that he was selected and granted admission
to the Medical College at Rohtak. Once Sunil Yadav had secured admission
in the reserved category quota at the first counselling there would be no
occasion for him to take part in the second counselling for the general
category seat for the same college which was held on 26.9.1996. The seat
C which has fallen vacant was one of the 49 seats which was required to be
filled by the general category candidates. As the aforesaid Note 2 was not
applicable to a case like the present where Sunil Yadav having failed to secure
admission to a seat in the open category in the first counselling for that
category but had secured admission to the reserved seat in the same counselling
the question of his being shifted or being regarded as a candidate to the open
D category seat which had become available only after he had secured admission
did not and could not arise and consequently, the appellant was rightly
granted admission to the general category seat in the Rohtak Medical college.
For the aforesaid reasons, we allow the appeal and set aside the judgment
E of the High Court the result of which would be that the writ petition filed by.
respondent No.3 before the High Court would stand dismissed. There will be
no order as to costs.
R.A. Appeal allowed.
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