A.K.SIKRI,J. - (1.) THE petitioners have approached this Court by way of filing the present Writ Petition filed under Article 32 of the Constitution of India with the grievance that while making admissions in the MBBS course, the respondent All India Institute of Medical Sciences (AIIMS) is not strictly adhering to the reservation policy and have questioned the manner in which seats are allotted to the candidates belonging to reserved category. As per them, the AIIMS have far exceeded the quota prescribed for the reserved category candidates which has resulted in more than 50 % reservations of the seats, which is contrary to the law laid down by this Court. The stand of the AIIMS, on the other hand, is that there is no violation of the law laid down by this Court in this behalf and the methodology adopted by the AIIMS for admission in MBBS course is perfectly valid and justified. The controversy has arisen in the following backdrop:
(2.) "The All India Institute of Medical Sciences (AIIMS), New Delhi issued Prospectus for admission in the MBBS course starting from August, 2013 along with admission in Six New AIIMS at Bhopal, Patna, Jodhpur, Rishikesh,Raipur and Bhubaneswar with an intake of 100 students in each new AIIMS. The reservation policy was notified to be 7.5.% ST, 15% SC, 27% OBC and Indian Nationals, 3% reservation for Orthopedic physically handicapped to be provided on horizontal basis. Para 4.2 of the prospectus prescribe the procedure for selection into the MBBS course hereunder: "4.2 PROCEDURE OF SELECTION: Based on the result of the Competitive Entrance examination, merit lists will be prepared as below: (a) Common Merit List: Subject to the Govt. of Indi, DOPT. O.M.No.36011/1/98.Estt.(Res), dated 1st July 1998. It is clarified that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBS candidates, for example in the age -limit, experience, qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for General Category candidates etc. the SC/ST/OBS candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against the unreserved vacancies. Therefore the reserved candidate will be considered on General Seat only if no relaxation of the eligibility level (i.e. % of marks) and at cut off level of marks in MBBS entrance examination is given. (b) Scheduled Caste candidates list (c) Scheduled Tribe candidates list (d) Other Backward Classes candidates list" Thirty seven (37) candidates from the common merit list, eleven (11) candidates from the merit list of Scheduled Caste category and five (5) candidates from the merit list of Scheduled Tribe and 19 (nineteen) candidates from the merit list of Other Backward Classes category will be admitted including 3% reservation for orthopaedic physically handicapped on horizontal basis in the seats available. The reservation will be 7 1/2 % ST, 15% SC and 27% for OBC category. In case eleven (11) candidates from the Scheduled Caste or five (5) candidates from the Scheduled Tribe categories and nineteen (19) candidates belonging to OBC are not available, then the number of candidates selected on the basis of merit for general seats shall be correspondingly increased so that the total number of candidates selected for the MBBS course remains seventy two (72). The remaining candidates will be kept on the waiting list in order of merit. Inter se merit of two or more candidates in the same category obtaining equal marks in the competitive entrance examination will be determined in order of preference as under: (a) Candidates obtaining higher marks in Biology in the entrance examination. (b) Candidates obtaining higher marks in Chemistry in the entrance examination. (c) Candidates obtaining higher marks in Physicsin the entrance examination. (d) Candidates older in age to be preferred. A similar procedure for selection will apply for the six new AIIMS where the number will be calculated for a total of 100 admissions for each."
(3.) PETITIONER No.2 being eligible in all respects under unreserved category had submitted his application form and was allotted application form number -1021016668. He was issued the Admit Card for AIIMS -MBBS 2013 Entrance Examination. Petitioner No.2 appeared in the competitive entrance examination held on 1.6.2013 and secured 1066 over all rank. A counseling letter was issued for counseling at Delhi AIIMS on 10 -12 July 2013 and the Petitioner No.1 was called for counseling scheduled to be held on 10 th July 2013. That as per the counseling letter the method of counseling is: 4. Method of counseling: The following process will be adapted for counseling for all 7AIIMS Institutes. i. In the counseling process, the seats to be filled by open (UR) competition should be filled up first, wherein the candidates should be called for counseling based on merit alone irrespective of whether they belong to SC,ST or OBC. ii. Next, reservation categories like SC/ST/OBC candidates will be counseled to fill up the seats earmarked for them in their respective categories. During this process, if a candidate belonging to SC/ST/OBC who had taken admission under open competition, opts for a better institution of his/her choice for which he or she would be eligible as per the rules of reservation, the seat vacated by him or her in open (UR) competition shall be filled with a candidate from the same reservation category only, in order of merit. Note: All reserved category candidates who qualify in the open (general) merit list (i.e. 4 times of the open category seats) shall necessarily attend the counseling for open category seats and shall exercise his/her option and then if, he/she desires to opt for a different institution in his/her respective reserved category, he/she may attend the counseling meant for that reserved category. Provided: a. If he/she is not present or if present, fails to or refused to take a seat in open category, he/she shall not be allowed for attending the counseling for reserved seats. b.He/she cannot opt for institution under reservation, if he/she had already opted the same institution in open category. Methods of counseling: In the counseling process, the seats to be filled by open (UR) competition should be filled up first, wherein the candidates should be called for counseling strictly by merit alone till the last unreserved seat is filled, irrespective of whether they belong to SC,ST or OBC. The counseling for reserved category seat ( which will also be strictly by merit) should commence only after filling up of all the unreserved seats (i.e. open category seats). Meritorious reserved candidate belonging to SC/ST/OBC category, who has taken unreserved seat in any institution after attending the open merit counseling, if exercises his/her option to take a different institute in the reserved category counseling, the seat so vacated by this candidate should be available to next meritorious candidate belonging to that particular reserved category only. In other word if SC/ST/OBC candidate got any institution under unreserved category and if he/she opts different institution under reserved category of his/her choice the resultant vacated unreserved seat shall be allotted to same category candidate in order of merit i.e. the vacated seat of meritorious reserved category candidate should be immediately added to the seats available under the reserved category in the institute he/she had opted during counseling for UR seat. Note: For example ­ if a SC meritorious candidate who has initially opted a X institution from open category, vacates a seat in open category because he wants to take Y institution from reserved category during the counseling in reserved category, the same seat (i.e. UR seat of X institute) which is vacated by him/her shall be made available to the next SC candidate in order of merit." ;