S.J.MUKHOPADHAYA, J. - (1.) THE petitioner in pursuance of combined competitive examination was not admitted in MBBS course rather he has been admitted in BVSc and AH course. The writ petition was preferred by petitioner for direction on respondents to show - cause as to why and under what authority the respondents have not allowed the petitioner to take admission in the course of MDBS in Patliputra Medical College, Dhanbad.
(2.) THE main plea as was taken by petitioner that the candidates of general category below the rank of petitioner at Sl. Nos. 54, 55, 56, 58, 61 and 67 have been admitted in MBBS course but the petitioner whose name was appearing at Sl. No. 52 he was not granted admission in MBBS course but admitted in BVSc and AH course which was the second preference of the petitioner. The respondents in their counter -affidavit denied the allegation at paragraph No. 7. It is stated that the persons named at serial number aforesaid all of them belonged to one or other reserved category. 73% of seats having reserved for admission from amongst backward class including SC and ST category.
(3.) THE aforesaid stand taken by the respondents is now being challenged by the petitioner on the ground that the 73% reservation for admission in colleges is not based on any guidelines. The Bihar Reservation Act, 1991 (Bihar Act, 1992) which has been adopted by the State of Jharkhand vide notification dated 3rd October. 2001 is applicable for appointment and not for admission in colleges of the State, including technical colleges.;