Meenakshi Rawat vs Secretary, Department of Medical Education and Others

Alok Singh, J.—Present petition was taken up for hearing on 25.4.2014. This Court, on 28.4.2014, passed order as under:

Mr. S.K. Chaudhary, Advocate for the petitioner.

Mr. R.C. Arya, Standing Counsel for respondent Nos. 1 and 3.

Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Pratul Kumar, Advocate for the respondent No. 3. Present petition was taken up for hearing on 25.04.2014. This Court passed order as under:-

Learned counsel for the petitioner, while placing reliance on page No. 52 of the writ petition, submits that petitioner was declared qualified under the general freedom fighter quota for the admission in P.G. course. However, for the reasons best known to the respondents, she is not being granted admission in the P.G. course.

List on 28th April, 2014.

Meanwhile, learned counsel, appearing for the respondents, may seek instructions and make statement before the Court.

Learned counsel, appearing for respondent No. 2, submits that petitioner was found selected under the dependant of freedom fighter quota, therefore, petitioner''s name was recommended for the admission for the post graduate course under the dependent of freedom fighter quota.

Learned Standing Counsel has handed over Photostat copy of the instruction dated 24th April, 2014, received by him on 26th April, 2014, which is taken on record and is marked as capital "A".

Perusal of capital "A" reveals that 2% seats were reserved for dependant of freedom fighter as horizontal reservation. However, since there was only 18 seats under the government quota, therefore, no seat was allotted for the dependant of freedom fighter.

On the face of it, instructions so issued by the Director, Medical Education, seems to be eyewash.

Director, Medical Education as well as Principal, Medical College, Haldwani, shall remain present before this Court in person on 29th April, 2014 at 10:15 A.M. alongwith list of all the candidates given admission in post graduate courses in the present academic session.

List on 29th April, 2014.

Mr. R.P. Bhatt, Director, Medical Education and Mr. R.C. Purohit, Principal of Government Medical College, Haldwani are present in person. It is stated before me by the Director, Medical Education as well as the Principal, Government Medical College, Haldwani that as per Government Order dated 18.7.2001, copy of which is handed over in the Court and is taken on record, 20 per cent seats for female candidates, 2 per cent seats for ex-servicemen, 3 per cent seats for physically handicapped and 2 per cent seats for dependants of freedom fighter are kept reserved horizontally.

It is further stated that if under the horizontal reservation quota minimum one seat comes then only horizontal reservation is given effect to. Since, there are only 11 seats available under the General Category, therefore, 2 per cent of 11 seats will be 0.22, therefore, no seat can be given to the dependant of freedom fighter under the horizontal reservation scheme. Likewise, no benefit of horizontal reservation can be given to physically handicapped or ex-serviceman candidate.

On being asked as to whether any physically handicapped candidate is available against the 2 per cent horizontal quota for physically handicapped candidates, both of them fairly stated that no physically handicapped candidate is available.

I find force in the submission of Mr. S.K. Chaudhary, learned counsel for the petitioner that every year around only 10-15 seats are available under the general quota, therefore, every time there will be less than one seat available for the horizontal reservation fixed for the dependants of freedom fighter, physically handicapped or Ex-servicemen, therefore, reservation thereunder shall not be given, thus, the object of the reservation would stand frustrated.

Learned Director, Medical Education and learned Principal, Government Medical College, Haldwani appearing in person fairly submitted that as on day about 4 seats are available at Government Medical College, Haldwani, for which counselling is going on.

In view of the fact that no candidate is available under the physically handicapped reservation quota and only one candidate i.e. present petitioner is available under the dependant of freedom fighter quota, therefore, denial of the admission to the petitioner in the P.G. Course, on the ground that 2 per cent horizontal reservation out of 11 seats cannot be given affect to, does not sustain in the eyes of law. Considering the peculiar facts and circumstances of the case that none is available under physically handicapped quota and petitioner being dependant of freedom fighter quota is available, therefore, 3 per cent handicapped quota + 2 per cent dependant of freedom fighter quota can be clubbed together for the purposes of giving benefit of horizontal reservation to the available candidate i.e. petitioner under the dependant of freedom fighter quota. Therefore, petitioner shall be allowed to participate in the counselling, which is going on today and, if the petitioner is found otherwise suitable, appropriate seat for the P.G. Course shall be offered to the petitioner.

Writ petition stands disposed of accordingly.