SAMTA AANDOLAN SAMITI & ANR. versus UNION OF INDIA & ORS.
Meritorious reserved category candidates who secure admission in open competition are not counted against reserved quota. Accord of higher/better choice to such candidates during counseling is not an infringement of reservation policy nor does it breach the 50% reservation limit. It constitutes an inter-se adjustment and does not prejudice any candidate's rights.
- Parties
- Petitioner: Samta Aandolan Samiti; Respondent: Union of India
- Jurisdiction
- India
- Judgment Date
- 11 December 2013
- Procedural Posture
- Writ Petition (civil) / Final Disposition
- Outcome
- Petition dismissed
- Legal Topics
- Reservation Policy in Admissions, MBBS Admissions, Reserved Category Admissions, Merit Based Admissions
Case Brief
Summary, issues, holding and outcome
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Parties
Samta Aandolan Samiti
Petitioner
Union of India
Respondent
Procedural Posture
Writ Petition (civil) / Final Disposition
Legal Issues
- 1 Whether reserved category candidates admitted in open competition should be considered under reserved category quota when opting for better institutions
- 2 Whether the methodology adopted for counseling and admissions breaches the 50% reservation limit
Ratio Decidendi
Meritorious reserved category candidates who secure admission in open competition are not counted against reserved quota. Accord of higher/better choice to such candidates during counseling is not an infringement of reservation policy nor does it breach the 50% reservation limit. It constitutes an inter-se adjustment and does not prejudice any candidate's rights.
Court Disposition
Petition dismissed
Orders
- The writ petition is dismissed. No costs.
Full Case Text
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