Arun Tandon, J. - (1.) -Heard Sri P. N. Tripathi on behalf of the petitioner, Sri Mahendra Pratap on behalf of respondent No. 1, Sri Anurag Khanna on behalf of respondent No. 2, Sri Indra Raj Singh on behalf of respondent No. 3 and Sri R. P. Tiwari on behalf of respondent No. 4.
(2.) PETITIONER Anju Nagar had appeared as a candidate in the U. P. Combined Pre-Medical Test held in the year, 2004 with Roll No. 1601597. The petitioner is physically handicapped and a member of Other Backward Classes. According to petitioner 27% of the seats are reserved for Other Backward Classes, while a reservation of 3% has been provided for physically handicapped category. The result of the said entrance examination was declared in the month of June, 2004. The petitioner secured 1544 over all rank in Other Backward Classes category and 25 rank in physically handicapped category. According to schedule published by the respondents, she reported for counselling on 16th July, 2004 before the Counselling Board. On 16th July, 2004 she was informed by the Counselling Board that no seat under the category of physically handicapped female candidate belonging to Other Backward Classes is available as all such reserved M.B.B.S. seats have already been fulfilled by the candidates of same category with higher merit.
(3.) ACCORDING to petitioner the respondents granted admission to physically handicapped category candidates under the General category with lower in over all merit than the petitioner and therefore she has approached this Court by means of the present writ petition. A counter-affidavit has been filed by the Chairman, Counselling Board/Director General, Medical Health and Training U.P., Lucknow and the fact as stated by the petitioner in his writ petition, so far as the merit secured by her in entrance examination are concerned, has not been disputed. The relevant paragraph Nos. 4, 5, 6 and 7 of the counter-affidavit read as follows : "4. That in pith and substance the petitioner wants her admission in M.B.B.S./B.D.S. course in pursuance of the result of C.P.M.T.-2004. 5. That the total seats for M.B.B.S. course are 629. As per reservation policy the vertical reservation is as follows : (i) 50% = General category. (ii) 27% = Other Backward Class Category. (iii) 21% = Scheduled Caste Category. (iv) 2% = Scheduled Tribes Category. There is also horizontal reservation, which are given as follows : (i) 3% = Physically Handicapped. (ii) 2% = Dependent of Freedom fighters. (iii) 2% = Dependent of War victims. (iv) 20% = Female candidates. It has also been made clear that horizontal reservation could be compartmentalized. The petitioner has filed relevant extract of Brochure. 6. That out of 629 seats for M.B.B.S. course, 169 seats are reserved for Other Backward Class category. 3% seats for handicapped, from 169 seats, come as 5 seats. Following are candidates and their rank, who have been admitted for M.B.B.S. course : (i) Rajesh Kr. Singh = P.H. Rank-3 (ii) Ranjeet Singh = P.H. Rank-5 (iii) Hari Kishan Yadav = P.H. Rank-8 (iv) Rajan = P.H. Rank-10 (v) Deepak Kr. Jaiswal = P.H. Rank-13 That rank of petitioner Anju Nagar is P.H. Rank-25. In this way the petitioner has not been admitted for M.B.B.S. course and she appeared in the counselling, but has not opted the seat, which were available for P.H. Rank-25. 7. That for general category, out of 314, 3% come as 10 seats. The name and rank of the candidate who have been admitted for M.B.B.S. Course are as follows : (1) Shekhar Puri = P.H. Rank-2 (2) Javed Akhtar = P.H. Rank-5 (3) Suresh Narain Singh=P.H. Rank 7 (4) Mohd. Jafar = P.H. Rank-9 (5) Vivek Maheshwari =P.H. Rank-11 (6) Hari Om Nigam = P.H. Rank-15 (7) Ruchi Gupta = P.H. Rank-17 (8) Reena Singh = P.H. Rank-21 (9) S. K. Tiwari = P.H. Rank-26 (10) Pradeep Kharya = P.H. Rank-27 In this way Pradeep Kharya P.H. Rank-27 has been admitted for M.B.B.S. course.;