IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 5243 of 2011. Decided on: 25.08.2011. _____________________________________________________ Tushar and another. … Petitioners. Versus The State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, C.J. The Hon’ble Mr. Justice Rajiv Sharma, J. For the petitioners : Mr. Lalit Kumar Sehgal, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General for respondents No.1 and 3. Mr. B.C. Negi, Advocate for respondents No.2 and 4. Justice Kurian Joseph, C.J. (Oral): There will be a direction to the Selection Committee, to see that a candidate belonging to the reserved category, in case otherwise eligible to compete with the general category, is treated only as a general category candidate qua the additional seats for admission to the MBBS Course. However, it must be ensured that the candidates belonging to the reserved category but who had - 2 - secured admission in the general merit, are not put in a more advantageous position, as cautioned by the Hon’ble Supreme Court in Ritesh R. Sah v. Dr. Y.L. Yamul and others, AIR 1996 SC 1378, wherein it is stated as follows:- “…… In view of the legal position enunciated by this Court in the aforesaid cases the conclusion is irresistible that a student who is entitled to be admitted on the basis of merit though belonging to a reserved category cannot be considered to be admitted against seats reserved for reserved category. But at the same time the provisions should be so made that it will not work out to the disadvantage of such candidate and he may not be placed at a more disadvantageous position than the other less meritorious reserved category candidates. The aforesaid objective can be achieved if after finding out the candidates from amongst the reserved category who would otherwise come in the open merit list and then asking their option for admission into the different colleges which have been kept reserved for reserved category and thereafter the cases of less meritorious reserved category candidates should be considered and they will be allotted seats in whichever colleges the seats should be available. In other words, while a reserved category candidate entitled to admission on the basis of his merit will have the option of taking admission to the colleges where a specified number of seats have been kept reserved for reserved category but while computing the percentage of reservation he will be deemed to have been admitted as a open category candidate and not as a reserved category candidate. ………” 2. The needful in the light of what is indicated above, shall be done by the Selection Committee immediately. - 3 - 3. The writ petition is disposed of, so also the pending application(s), if any. Authenticated copy to the parties. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. August 25, 2011. (sck/hl).