CMP No.5264 of 2011 in CWP No.2467 of 2011. 18.6.2011. Present: Mr.R.K. Bawa, Advocate General, with Mr.Ankush Dass Sood, Additional Advocate General, for the applicant/respondents No.1 and 2. Mr.B.C. Negi, counsel for non-applicant/respondent No.3. CMP No.5264 of 2011: This is an application for modification of a common judgment dated 18.5.2011 in CWP No.2467 of 2011 and connected cases. The matter pertains to admission to Post Graduate Degree Courses in the Medical Colleges in the State of Himachal Pradesh. The State made an attempt for selecting the candidates on the basis of a competitive test conducted by the State Government through the University. For the 80% of the 50% total seats reserved for the in-service candidates (General Duty Officers), only two could qualify. For the quota set apart for the direct candidates, however, 24 were qualified. Out of the 24 candidates, 16 have already been admitted to various Post Graduate Courses. Among the in-service category also, 2 candidates from the category available to SC have been admitted. Thus, out of the available 53 seats, only 18 have been filled up and there are still 35 seats to be filled up. There are vacancies in Post Graduate Diploma Courses as well. The State expects that after the All India Quota admissions, a few more seats may fall vacant and it would also be allotted to the State for being filled up from the State Quota, as has been done in the past years. It is the request of the State that since there was a quota of 80% of 50% of the seats for Post Graduate Courses for the in-service candidates and since only two got qualified and admitted in that category, permission may be granted to the State to fill up the remaining vacant seats from among those in-service candidates who have become qualified in the All -2- India Quota. In the judgment, which is sought to be modified/clarified, this Court has already held that the only option available to the State is to fill up the vacant seats from among those candidates who have become qualified in the Centralized Competitive Test held at the national level. The application is strongly opposed by the learned counsel appearing for the direct candidates. It is submitted that once the State Entrance Test having been conducted and in that test only a few candidates have become qualified for admission, thereafter the question of reservation of quota in respect of in-service candidates cannot be applied. We are afraid, that contention cannot be appreciated. It may be seen that under the Medical Council of India Regulations for admission to the Post Graduate Courses, at paragraph 9(1)(b) it is provided that “50% of the seats in Post Graduate Diploma Courses shall be reserved for Medical Officers in the Government service, who have served for at least three years in remote and difficult areas.” It is also provided in Regulation 9(1)(a) that “Students for Post Graduate medical courses shall be selected strictly on the basis of their inter se Academic Merit.” The inter se academic merit has been explained under Regulation 9(2). In the prospectus for admission to the Post Graduate Degree and Diploma Courses in the Medical Colleges in Himachal Pradesh, it is clearly provided at paragraph 3.2 that of the 50% seats available to the State Quota, 80% will be filled up by in-service candidates. Though four methods are provided for assessing the academic merit, this Court in the judgment in this case has made it clear that only the first two methods are applicable as far as the State of Himachal Pradesh is -3- concerned. Of the two, one is the State Competitive Test. That stage is already over. The other is assessment of the ‘academic merit’ on the basis of the merit as determined by the Centralized Competitive Test held at the national level. A conjoint reading of the Prospectus with the Regulations would clearly show that the State is free to fill up 80% of the Post Graduate seats in the State Quota from among the GDOs who have become qualified for admission. Qualification for admission is through the entrance test. The State conducted the entrance test and admitted those candidates who got qualified in the State Entrance Test. Now, the question left is with regard to admission to those seats which still remains to be filled up. There is no dispute that the candidates who have become qualified in the Centralized Competitive Test are also qualified and eligible for admission to the Post Graduation Courses. Therefore, it is only just, proper and reasonable that, to the extent permissible, the quota is respected and the same is filled up from among those in-service doctors who have become qualified in the Centralized Competitive Test. Hence, the application for modification is allowed permitting the State to fill up the remaining seats from the respective quota to the extent of 80% for the GDOs and 20% for direct candidates. It is made clear that while calculating the quotas, as above, two seats which have already been consumed by the GDOs shall not be touched from the quota available to the GDOs and it shall be treated to be consumed by the GDOs in the SC category. It is further made clear that the admission already made shall not be, in any case, disturbed in the process. Nor the candidates, who -4- have already admitted, shall be accommodated for other options. The modification is allowed accordingly. The learned Additional Advocate General submits that in view of the steps now being taken for admission to the All India Quota on 25.6.2011, the State proposes to have the second round of counseling on 28.6.2011. It is directed that if seats are still available, there shall be next round of counseling on 29.6.2011 at 2.00 p.m. The application stands disposed of accordingly. (K.J.), C.J. June 18, 2011. (V.K. A.), J. (tilak/mlg)