- (1.) In this writ petition filed under Art. 32 of the Constitution of India the petitioner is seeking the modification in paragraph 3 of the Scheme for admission to MBBS/BDS courses against 50 per cent. All-India quota which was approved by this Court by order dated April 30, 1993 passed in Sharwan Kumar v. Director General of Health Services (1993) 3 SCC 332 : (1994 AIR SCW 887). In paragraph (3) of the scheme it was provided as follows :- "(3) A merit list equal to total number of seats plus a waiting list of 50% of the total number of seats shall be prepared."
(2.) It has been pointed out that every year the number of persons who are selected do not avail of the admission and since waiting list is restricted to 50% of the total number of seats many of the seats which are meant for 15% All-India quota are not utilised and have to be surrendered. Having regard to the facts as set out in the writ petition, the directions contained in paragraph (3) of the Scheme are modified and the number of persons in the waiting list is enhanced from 50% to 70%. Paragraph (3) of the Scheme would henceforth read as follows :- "(3) A merit list equal to total number of seats plus a waiting list of 70% of the total number of seats shall be prepared." This modification shall be given effect to while making selection for the next academic session (1998-99) for admission to MBBS/BDS course. The writ petition stands disposed of accordingly. Order accordingly.;