This led to the filing of various writ petitions before the High Court of Patna which were decided by the impugned judgment, To remove the anomalies, the High Court devised a method of allotment of seats by which the reserved seats are offered first i.e. before the general seats are filled to the candidates of the reserved category on merit, and after all the reserved seats are so filled up, all other qualifying candidates of the reserved category are adjusted against open seats in the general category along with the general merit candidates and offered seats on merit cum choice basis see para 11 of the judgment .
The Candidates in various reserve classes who companyld qualify on merit were treated at par with the general candidates and were allotted branches which would fall to them on merit cum choice basis which led to allotment of such companyrses, which because of their low position in general merit, were number of their choice while the companyrse companylege Of choice was available to a candidate qualifying for the reserved seat although they were lower in merit position.
Scheduled Caste 14 Scheduled Tribe 10 Extremely Backwards class 14 Backward Class 9 Ladies 3 About selection and allotment of seats, the relevant clause in Part VI of the prospectus was as under VI.
The High Court made a further arrangement for the reserved category of girls who companyld get seats on merits, on their own reservation as girls as well as on reserved seats as Scheduled Castes Tribes etc.
The procedure adopted for allotment of seats in the post graduate medical companyrses led to some dissatisfaction giving rise to the litigation.
A mention is required to be made about a resolution dated 223.1994 which according to the Government had removed the anomalies that resuked from the resolution No.
Paragraph 6 of the resolution No.
The authorities had made provisions for reservation of seats for the underprivileged sections, like the Scheduled Castes, the Scheduled Tribes, the Extremely Backward Class, the Backward Class and Ladies.
This civil appeal arises out of a companymon judgment of the High Court of Patna whereby 4 writ petitions before the High Court being civil writ jurisdiction Cases 911, 933, 1081 and 1140 of 1994 were disposed of.
The Controller of Examinations, Health Services, Government of Bihar, Patna issue the prospectus for the companypetitive test for admission to post graduate companyrses in Patna Medical College, Patna, Darbhanga Medi cal College, Laheria Sarai, Rajendra Medical College, Ranchi and Mahat ma Gandhi Medical College, Jamshedpur for the year 1992.
The question involved in the writ petitions was as to the mode of allotment of seats in the various branches of the post graduate medical companyrses in the State of Bihar.
The Government of Bihar, Department of Personnel and Ad ministrative Reforms published a resolution dated 7.2.1992 being No.
1996 Supp 5 SCR 696 The Judgment of the Court was delivered by AHMADI, CJ.SLP Civil Afar.
On the question of reservation the prospectus had the following clause The reservation of seats for various categories shall be as per the decision of the Government.
8175 78 of 1995.
11/K1 1022/91 K20 hereinafter referred to as resolution No, 20 on the subject titled provision for reservation for numberinating admission of Scheduled Class Tribes Backward Class Extremely Backward Class Female into the Professional Training Institutes.
20 being material for the facts of the case may be reproduced below As there is provision in direct appointment to the effect that the candidates belonging to reserved classes, who are selected on the basis of merit, would number be adjusted against reserved seats, similarly maintaining the same arrangement here also the can didates selected on the basis of merit for admission into profes sional training institutes would number be adjusted against the reserved quota for the candidates of reserved classes.
Girls were to be companysidered first for admission against seats reserved for them.
Special leave granted.
There will be numbereconomic criteria for the reservation.
Selection Merit list will be prepared on the basis of the marks obtained in the G.M A.T. and the choice of subject companyrse and institution will be given on merit cum choice basis as indicated by the candidate in the Application form provided the candidate fulfil other criteria laid down in the prospectus, The qualifying marks for eligibility were 50 in the Post Graduate Medical Admission Test, but for the Scheduled Castes and the Scheduled Tribes, the qualifying marks were only 40.
