- (1.) All these writ petitions are disposed of by this common order because the questions involved in each of them are common.
(2.) In the State of Rajasthan, there are six medical colleges and number of seats sanctioned for admission in 1995 was 600. In the College at Kota five seats are stated to be vacant; four in respect of the quota of Government of India and one has not joined who was given admission. There are 40 seats in BDS College which have all been filled up. Few of the petitioners here were given admission in BDS and they have claimed admission in MBBS Course which will be considered in the foregoing paras. In the instructions for the guidance of the candidates intending to appear in PMT, 1995, guidelines for admission were also informed and clause (2) of the guidelines is as under:- " 2. Reservation of seats: (a) 15% of the seats will be reserved for being filled up by All India Entrance Examination to be conducted by an agency of Government of India. (b) Twenty seats (4 in each of the Medical Colleges of Rajasthan) are reserved for candidates nominated under the Central Pool. Out of these twenty seats, five seats (one in each Medical College of Rajasthan) are reserved for the bona fide repatriates from Burma, Sri Lanka, Uganda, Zaire and Vietnam who migrated to India during the last five years. Provided that non-availability of such candidates, the unfilled seats out of these five seats will be filled up from the other category of candidates nominated under the central pool. Note:- These seats will be filled up from category of candidates shown in Annexure 1. These students, will be nominated by authorities as per Annexure-I. (c) Three seats shall be reserved for natural born (not adopted) sons / daughters of defence personnel (serving / retired). (d) 8% seats reserved for natural born candidates (not adopted) belonging to scheduled castes as notified in the Presidential order for the State of Rajasthan and who fulfil conditions as laid down in clause (3). 25% of these reserved seats shall be reserved for girl candidates belonging to scheduled castes. (e) 6% seats are reserved for natural born candidates (not adopted) belonging to ST as notified in the Presidential Order, for the State of Rajasthan and who fulfil conditions as laid down in clause, (3). 25% of the above seats shall be reserved for girl candidates belonging to scheduled tribes. (f) 25% of the seats excluding seats reserved under sub-clauses (a) to (e) above are reserved for girl candidates who fulfil conditions as laid down in clause (3). (g) Two seats shall be reserved for the physically handicapped candidates. The admission to the physically handicapped candidates shall be made provided the disability is not of the nature which may hamper the functioning of the candidates in his/her medical profession. Notes:- (i) The unfilled reserved seats of any category from sub-clauses (c) to (g) will be filled up from the candidates of general category who fulfil conditions as laid own in clause (3). (ii) If the merit list of any reserve category unexhausted after completing the reserve quota of that category, then the candidates from that remaining list shall be eligible for consideration on merit against the general merit. Illustration: If five physically handicapped candidates figure on the merit list such that the merit of 5th physically handicapped candidate is higher than the general candidate getting admission, then 3rd, 4th and 5th physically handicapped candidates will also be getting admission as candidates in general merit."
(3.) The validity of the illustration under the note of the above guidelines has been challenged in S.B. Civil Writ Petition No. 5005 / 95 . Besides this the point for decision by this court is as to whether the candidate if belonging to any reserve category has obtained more than minimum marks on which the admission was given in general category should be considered in general category i.e. the percentage of reservation fixed for the reserved category should be reduced from the number of such candidates who have obtained the admission on account of their merit and the marks obtained were more than the cut-off marks for which the admissions were given in general category.;