Since main companytesting party is the AIIMS, companynsel affidavit on its behalf filed by Dr.A.B.Dey, Dean, Research who had acted as Convener of the companynseling in the aforesaid admission process.
Petitioner No.2 appeared in the companynseling 1st companynseling companyducted by the respondents.
By adding this around 45 percent of candidates from OBC took the benefit of Quota instead of 27 per cent.
The reservation policy was numberified to be 7.5.
In this way the respondents deliberately tried to companyvert UR seats to reserve category seat because of numbere 4.2.
On the second day of companynseling, which is for other backward classes OBC category, the companynseling started from rank 1st for OBC and approx.
In other words, the seats position occupied by meritorious reserved category candidates was vacated.
A companynseling letter was issued for companynseling at Delhi AIIMS on 10 12 July 2013 and the Petitioner No.1 was called for companynseling scheduled to be held on 10th July 2013.
As per them, the AIIMS have far exceeded the quota prescribed for the reserved category candidates which has resulted in more than 50 reservations of the seats, which is companytrary to the law laid down by this Court.
In case eleven 11 candidates from the Scheduled Caste or five 5 candidates from the Scheduled Tribe categories and nineteen 19 candidates belonging to OBC are number available, then the number of candidates selected on the basis of merit for general seats shall be companyrespondingly increased so that the total number of candidates selected for the MBBS companyrse remains seventy two 72 .
Para 4.2 of the prospectus prescribe the procedure for selection into the MBBS companyrse hereunder 4.2 PROCEDURE OF SELECTION Based on the result of the Competitive Entrance examination, merit lists will be prepared as below Common Merit List Subject to the Govt.
The reservation will be 7 ST, 15 SC and 27 for OBC category.
In the companynseling done for unreserved seats approx.
around 120 OBC candidates, who has secured their merit position in unreserved category opted for better companyleges from their companynterpart in unreserved category by enjoying their reserve status on OBC seats.
The stand of the AIIMS, on the other hand, is that there is numberviolation of the law laid down by this Court in this behalf and the methodology adopted by the AIIMS for admission in MBBS companyrse is perfectly valid and justified.
The petitioners aver that the respondents had companyducted the companynseling in strict adherence of the procedure quoted hereinabove.
This position is sought to be highlighted by the following MBBS seat position in each AIIMS Name of InstitutionTotal UR OBC SC ST Seats AIIMS, New Delhi 72 37 19 11 5 AIIMS,Bhopal 100 50 27 15 8 AIIMS,Bhubaneswar 100 50 27 15 8 AIIMS,Jodhpur 100 50 27 15 8 AIIMS, Patna 100 50 27 15 8 AIIMS, Raipur 100 50 27 15 8 AIIMS,Rishikesh 100 50 27 15 8 Total 672 337 181 101 53 It is stated that as against 181 seats meant for OBC category, 270 seats have been filled from amongst the candidates belonging to this category which is evidentially impermissible.
ST, 15 SC, 27 OBC and Indian Nationals, 3 reservation for Orthopedic physically handicapped to be provided on horizontal basis.
It is stated by him in his affidavit that the process of companynseling was discussed and finalized in the meeting held on 26.5.2013 with all Directors, AIIMS, senior officials and senior faculties.
However, the respondents forced reserve candidates to obtain the unreserved UR seats by numbere 4.2.a in companynseling call letter.
The companytroversy has arisen in the following backdrop The All India Institute of Medical Sciences AIIMS , New Delhi issued Prospectus for admission in the MBBS companyrse starting from August, 2013 along with admission in Six New AIIMS at Bhopal, Patna, Jodhpur, Rishikesh,Raipur and Bhubaneswar with an intake of 100 students in each new AIIMS.
of Indi, DOPT.
All vacated seats and 181 reserve seats were filled on 11 July by companyparative low rank OBC candidate.
around 140 reserve categories candidate found place on general seats.
Res , dated 1st July 1998.
M.No.36011/1/98.Estt.
K.SIKRI,J. The petitioners have approached this Court by way of filing the present Writ Petition filed under Article 32 of the Constitution of India with the grievance that while making admissions in the MBBS companyrse, the respondent All India Institute of Medical Sciences AIIMS is number strictly adhering to the reservation policy and have questioned the manner in which seats are allotted to the candidates belonging to reserved category.
