- (1.) D.K. Seth, J. - The petitioners are seeking admission in Post Graduate Dental Courses for the year 2002. Rules for admission to such course was circulated by the University of Calcutta through an Information Booklet. In paragraph 6.2 at page 9, provision for reservation of Scheduled Castes and Scheduled Tribes was provided for. In the said paragraph, it was pointed out that the total number of seats allotted to reserve categories course-wise were as indicated in the Information Booklet. In page 15 of the said Booklet, the break-up of total available seats for admission to different Post Graduate Medical/Dental/Ayurved course were indicated. It is pointed out on behalf of the learned Counsel for the petitioners, from the said page 15 that no seat in Master of Dental Surgery (M.D.S.) has since been reserved for Scheduled Castes and Scheduled Tribes. Now, it is alleged that the respondents are purporting to reserve some posts for Scheduled Castes and Scheduled Tribes, which they are objecting to. Submission on behalf of the Petitioners:
(2.) The learned Counsel for the petitioners contends that since in the Booklet no reservation was indicated in the break-up, the respondents cannot change the same at the time of Counselling after the result was published. It is further contended that the reservation was was provided on the basis of 22% and 6% course- wise. Replying on the expression 'course' as detailed in page 14, 15, 16 and 17, it is pointed out that the course represented each of the discipline or subject mentioned therein. Therefore, the reservation is to be made on the basis of each course. Reservation of 22% or 6% seats in the respective courses would not exceed 0.5. As such, no reservation could be made as was rightly reflected in the break-up given in the Booklet.
(3.) 1 Now, it is being attempted on behalf of the University to reserve certain posts for Scheduled Castes and Scheduled Tribes on the basis of a notification issued by the State Government on 22nd May, 1996, which was communicated to the petitioner along with Admit Card being Annexure "P-3" to the supplementary affidavit. The said notification deals with stream. According to the Counsel for the petitioner, Mr. Dipak Mukherjee, the word 'stream' represents course. Then if 50-points roster is to be followed, then all the seats in each course would go to the Scheduled Caste candidates, since the first post in the 50-point roster is reserved for Scheduled Castes. The petitioners are seeking admission under the Non-Government quota, where there are 8 seats. Except in one course, there are one seat in each of the courses. Thus, all the seats .would go to the Scheduled Caste candidates and only one seat would be available to general candidate. Therefore, no reservation could at all be made in terms of the said notification in respect of the course. He contended that if there is but one seat, then the same cannot be subjected to reservation. He relied on Post Graduate Institute of Medical Education and Research Chandigarh v. Faculty Association & Others, 1998 (4) SCC 1.;