SAMTA AANDOLAN SAMITI & ANR. versus UNION OF INDIA & ORS.

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

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Parties

Samta Aandolan Samiti

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

  1. 1 Whether reserved category candidates admitted in open competition should be considered under reserved category quota when opting for better institutions
  2. 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.