- (1.) This petition seeks quashing of admissions made to the courses of MBBS/BDS/BAMS as per Entrance Examination 2007 in the State of Haryana.
(2.) Case of the petitioner is that she applied for admission to MBBS course, in pursuance of advertisement for Entrance Examination 2007 for MBBS/BDS/BAM & Her rank was 76. Out of total 150 seats, only 47 seats were treated in general category on account of which the petitioner could not get admission. Instead of treating 47 seats for general category, 75 seats should have been treated in genet al category being 50% of the total advertised seats i.e. 150.
(3.) In the reply filed, claim of the petitioner has been contested by submitting that only 47 seats were available in the general category as per instructions of Directorate General of Health Services and as per judgment of the Hon'ble Supreme Court in Union of India V/s. R. Rajeshwaran and another, 2003 9 SCC 294. The necessary averments in the reply are as under : "4. That the Directorate General of Health Services (Medical Examination cell), New Delhi vide their letter No. U.11011/16/2006-MEC dated 6.10.2006 along with his earlier letter No. F.No. U.12021/5/99-MEC dated 27.12.2001 has clarified that "number of All India Quota seats and SC/ST or any other reserved seats as per the statutory of regulations of states are calculated from the total number of seats available in the institution. The 15%/50% of seats of AIQ which are intimated to this Directorate, are general category seats." Copies of Govt. of India letter dated 6.10.2006 and 27.12.2001 are annexed as Annexure R. 1 and Annexure R. 2 respectively. While giving the above mentioned clarifications the Directorate General of Health Services, New Delhi has also provided a copy of directions given by the Hon'ble Supreme Court of directions given by the Hon'ble Supreme Court of India in Civil Appeal No. 4755 of 2001 (arising out of SLP (C) No. 17575 of 2000) titled as Union of India V/s. R. Rajeshwaran and another on dated 27.7.2001 stating therein an example by the Hon'ble Apex Court to fill up the reserved seats, which is reproduced as below : "In respect of undergraduate course, the scheme works out like this. If a State has a total of 100 seats and in that State 15% of the seats are reserved for Scheduled Castes and 10% for Scheduled Tribes, State will fill up 15% seats for Scheduled Caste candidates and 10% for Scheduled Tribe candidates, of the remaining 75 seats 60 seats will be filled by the State Government as unreserved and 15 seats will be earmarked for All India quota." 5. That the Government of Haryana vide memo No. 16/12/204-3HB-IV dated 18.6.2007 (copy annexed as Annexure R.3) has decided to reserve 5 seats in MBBS course in Pt.B.D. Sharma Post Graduate Institute of Medical Sciences, Rohtak. 2 seats in Government Dental College, Rohtak and 3 seats of MBBS course in MAIMRE Agroha for NRIs for the session 2007-08. 6. That keeping in view of the above directions/clarifications/decisions of the Hon'ble Supreme Court of India/Government of India/State Government, the distribution of seats in respective institutions was worked out as under, before conducting the counselling of candidates on 12.7.2007 for finalizing the admissions (sic) examination conducted by the respondent University on 10.6.2007 : Sr. No. Institution Total seats All India seats Reserved seats Nominee of Govt. of India NRI seats Open seats 1 2 3 4 5 6 7 8 I Pt.B.D. Sharma PGIMS Rohtak (MBBS) 150 22(15% to total seats) 75 (50% of total seats + one for Govt. of india nominee) 1 5 47 2. M.A. I.M. R.E. Agroha 50 25(50% of total seats) 3 22 3 Govt. Dental College, Rohtak 60 9 30 (50% of total seats + one for Govt. of India nominee) 1 2 18 Total 260 31 130 2 10 77;