AJAY RASTOGI, J. - (1.) Instant special appeal has been preferred against order of the Ld. Single Judge dated 20.3.2015 holding that against 30% quota reserved for in service candidate for the academic session 2010-11, the respondent-1 be considered on the 4th seat reserved for in-service candidate against 13 seats of DM Cardiology.
(2.) Instant matter pertains to admission in DM (Cardiology) for the academic session 2010-11 and in all 13 seats in the discipline of DM (Cardiology) came to be notified with 30% reservation for in service candidates, and if 30% reservation is applied on 13 seats, it comes to 3.9 seats and if it is rounded off, comes to 4 seats available for in service candidates but only 3 seats were kept reserved for in-service candidates and the present respondent being 4th in order of merit in-service category admitted in three years DM (Cardiology) Course at JLN Medical Hospital, Ajmer under the interim order of the Court.
(3.) When the fourth seat was not exchanged to the present respondent, she approached this Court by filing CWP- 11274/2010 and by an interim order dated 30.8.2010, the appellant was directed to provide provisional admission to the respondent in DM (Cardiology) Course against quota of in-service candidates in the academic session 2010-11. In compliance thereof, the respondent joined on 10.9.2010. The interim order for the present purpose reads ad infra- "The petitioner submits that this Court has already issued notices to the respondents on 13.8.2010. Service on behalf of all the respondents is complete. Reply has also been filed only by respondent no. 4 and not be other respondents. She has submitted a copy of the letter dated 30.7.2010 before this Court issued by the Principal and Controller, Office of the Principal SMS Medical College and Controller of the Attached Hospitals, Jaipur and also prayed for taking on record. Petitioner submits that she is an in-service candidate and she has been constrained to file the present petition because of illegal and arbitrary action of respondents whereby 30% reservation for seats for in-service candidates out of total 13 seats in DM (Cardiology) course which comes to be 3.9 seats have been anomalously rounded off to 3 seats instead of 4 seats, thereby violating the rights of the petitioner who is at 4th merit position for D.M. (Cardiology) course in the in-service category and has been denied admission. In view of above, the respondents are directed to give provisional admission to the petitioner in DM (Cardiology) course in-service category for the academic session 2010-11. However, the result of the same shall be subject to the decision of the writ petition.";