MOHAN M.SHANTANAGOUDAR,J. - (1.) Leave granted.
(2.) Judgment dated 28.10.2016 passed by the High Court of Judicature at Patna in MJC No. 3680 of 2016 in CWJC No.16673 of 2016 and connected matters is called in question in these appeals. By Reason: the said judgment, the full Bench of the High Court answered the reference made to it by the Division Bench of the Patna High Court in the matter of validity or otherwise of admission process for MBBS/BDS and PG courses pursuant to a circular dated 14.11.1995 of the State Government.
(3.) Before proceeding further it would be pertinent to note the relevant circular i.e. circular no. 226(24) dated 14.11.1995 which reads as under: "According to this new system, applicable with immediate effect, candidates of reserved classes, who on the basis of merit, are entitled to get admission against 50% seats of the general category, having transferred them in the list of their respective reserved class, they will be facilitated with admission in college and subject of their choice on the basis of their merit in at (respective) list. Thus, after transfer from one to another list, those candidates of that (respective) reserved class, who found place in the bottom of the separate list, prepared for that (respective) class, naturally will come down and can come out of the seats available in the ratio of the percentage prescribe for that (respective) reserved class. To avoid this situation and in any case to avoid the adverse impact on the number of seats prescribed for reserved class after transferring candidates of that class only into that list and so that candidates in the bottom of the list also could not be deprived of admission and so that candidates of reserves class, selected on the basis of merit could not be deprived of being consolidated in general seats. To ensure it, this system will be applicable that after above stated transfer, candidates at the bottom of list of their respective reserved class, though being at the bottom of the merit list of this list, shall be absorbed against 50% seats, available for general category and they shall be allotted colleges and subject available for the general seats on the basis of choice in the order of merit in that list. Thus, the list which will be prepared against 50% seats, available for general category, candidates transferred by above stated method from the list of reserved class will be absorbed in that list only and they will also be facilitated admission." As per the aforementioned circular, a Meritorious Reserved Candidate (MRC) is treated as general merit candidate and is allotted a seat in the general merit category; such MRC may instead choose to take up a seat from amongst the seats earmarked for that particular reserved category to which he belongs to gain admission in the college of his preference; on doing so, the choice of seat in the general category left by the MRC will go to a candidate of the reserved category.;