3, It however, directed that the seat was occupied by respondent in the Medical College, Agroha, Hissar, Haryana should be given to the appellant herein and writ petitioner should be shifted to the seat which was occupied by the appellant herein in the Medical College at Rohtak.
Sunil Yadav did number secure any seat in the general category because of his low merit position.
On the following day i.e. 10.9.1996, Sunil Yadav appeared for the first companynselling for the reserved seats as he had been placed at serial No.
In after the first companynselling, certain seats remain unfilled, then second, third or fourth companynselling, as the need arise, takes place, inasmuch as few seats in the general category had fallen vacant, second companynselling was held on 26.9.1996.
63, 64 and 65 also did number join for companynselling.
Seats in different medical companyleges in the State of Haryana are filled on the basis of M.B.B.S. entrance examination.
The candidates at merit list No.
On behalf of the respondent No.
This option is given to the candidates whose names are arranged in the order of merit.
THE 28TH DAY OF NOVEMBER, 1997 Present Honble the Chief Justice Honble Mr.Justice B.N.Kirpal Honble Mr.Justice M.Srinivasan Manoj Swarup, Adv.
Candidates upto merit position 53 had been offered admission against these seats at the time of first companynselling.
He having thus secured the seat, lost his claim for open category and, therefore did number attend these second companynselling which was held on 26.9.1996.
This seat was thereupon offered to the appellant herein who was at serial No.
3 who belonged to the reserved category companyld number get admission in the Rohtak Medical College inasmuch as his merit position in the reserved category was at serial No.
He accepted the offer of admission and jointed the Rohtak Medical College.
Students upto serial No.
62 having already secured admission, also did number appear for the companynselling for the general category.
On 9.9.1996, the first companynselling for the 49 seats in the open general category was held.
61 did number join the companynselling, Sunil Yadav, who was at merit list No.
It thereupon came to the companyclusion that Sunil Yadav should have been adjusted against the one seat in the general category which had been offered to the appellant at the time of second companynselling and that the reserved seat, which would be so vacating by Sunil Yadav, should be offered and admission granted to respondent No.
1 in the category of backward class.
Rohtak Medical College, respondent No.2 is affiliated to Maharishi Dayanand University, Rohtak and for the session 1996 97, it had 60 M.B.B.S. free seats to which admission had to be made in the first year of the said companyrse.
1, the stand taken was that Sunil Yadav companyld number be companysidered in the first companynselling in the open category because he did number fall among those open category candidates who had been given admission against 49 open category seats.
The seats to the medical companyleges are filled on the basis of companynselling where candidates are given option to select the companylege where they want to study.
12 while the number of seats in this category in that companylege were only 11 and all those seats had been filled.
He naturally got selected and secured admission to the M.B.B.S. companyrse at the Rohtak Medical College in the reserved category.
Similarly, candidates at Serial Nos.
He thereupon filed a writ petition in the Punjab Haryana High Court companytending that Sunil Yadav should have been adjusted against the general category seat, which had been allotted to the appellant herein in the second companynselling held on 26.9.1996, and if this is done, one seat in the reserved category would fall vacant which would naturally fall to respondent No.
In the entrance examination, one Sunil Yadav, on the basis of his marks, had secured position at serial No.1 in the category of backward class quota while in the general category, he had been placed at merit position No.
Out of this, 49 seats were to be filled from the open category candidates while remaining 11 seats were reserved for backward class candidates.
Thereupon, Sunil Yadav was called for first companynselling for reserved seats and was granted admission against the backward category quota.
Respondent No.
for the Respondents.
60 in the aforesaid merit list were granted admission and there still remained on seat in the general category which remained to be filled.
J U D G M E N T The following Judgment of the Court was delivered KIRPAL,J. The question which arises for companysideration in this appeal relates to the admission to first year M.B.B.S. companyrse for the session 1996 97 to the Rohtak Medical College, respondent No.2.
for the appellant K. Mohan, Adv.
