Case: Tripurari Sharan &amp; Another Vs. Ranjit Kumar Yadav &amp; Others

choice college and subject which they could secure under the rule of reservation, the circular cannot be sustained. The circular, therefore, can be given effect only if the reserved category candidate qualifying on merit with general candidates consents to being considered as a general candidate on merit-cum-choice basis for allotment of college/institution and subject.”(emphasis supplied)M. Neethi Chandra (supra) was upheld by a three-Judge bench of this Court in Dr. Anil Kumar v. State of Bihar, (1998) 9 SCC 405 , but to the extent that it held that a MRC should not be forced to choose seat from the general category. However, it needs to be mentioned that M. Neethi Chandra (supra) may not be applicable to the facts of this case. In the case of M. Neethi Chandra (supra), this Court was concerned with a different circular altogether, i.e., Circular No. 11/K1 -1022/91-K20 (“Circular No. 20”), issued by the Government of Bihar, Department of Personnel and Administrative Reforms on 07.02.1992 on the subject of “provision for reservation for nominating (admission) of Scheduled Caste/Tribes/Backward class/Extremely Backward Class/Female into the Professional Training Institutes.” That circular was challenged on the basis that MRCs were not allowed to choose the seats kept reserved for the reserved category. Paragraph 6 of that circular reads as follows:“6. As there is provision in direct appointment to the effect that the candidates belonging to reserved classes, who are selected on the basis of merit, would not be adjusted against reserved seats, similarly maintaining the same arrangement here also the candidates selected on the basis of merit for admission into professional training institutes would not be adjusted against the reserved quota for the candidates of reserved classes.”The judgment of the High Court that was set aside by this Court in M. Neethi Chandra (supra) had devised a completely different way of conducting PG admissions, which was not at all akin to the present case. The High Court in the said matter has sought to fill up reserved category posts first and adjust any reserved category candidates not allotted a seat in the general category. This Court in M. Neethi Chandra (supra) summarized the method of allotment of seats adopted by the High Court thus,“To remove the anomalies, the High Court devised a method of allotment of seats by which the reserved seats are offered first (i.e. before the general seats are filled) to the candidates of the reserved category on merit, and after all the reserved seats are so filled up, all other qualifying candidates of the reserved category are "adjusted" against open seats in the general category along with the general merit candidates and offered seats on merit-cum- choice basis (see para 11 of the judgment).”12. In the matter on hand, it is not the case that any other candidate of the reserved category, other than the candidate taking up the MRC’s general category place in choosing general category seat, will be adjusted. Moreover this issue is not under challenge in the present case, as both sides are admittedly not contesting the right of a MRC to choose a seat earmarked for the reserved category. On the other hand, it is fairly submitted by Shri Naphade and Shri Prasad that a MRC has got a right to choose a seat earmarked for reserved category/categories. However, they are only worried that the aggregate reservation should not exceed 50%.It follows from the cases cited above that the 50% reservation rule should not be breached under any circumstances. As mentioned supra, a MRC in medical admissions has more marks than the last general merit candidate, hence he shall be treated as a general category candidate. Only a choice of college seats in the reserved category is open to him. In this manner, the number of seats in each category remains constant and the upper limit of 50% reservation is not breached.13. It is clear from Ritesh R. Sah (supra), that in the case of admission to postgraduate medical institutions, a MRC who chooses to avail of the option of admission to a college with seats kept for the reserved category is deemed to have been admitted as an open category candidate. He continues to be open category candidate. There is no migration into the reserved category even if a MRC opts for a seat earmarked for reserved category candidates. The lowest-ranking candidates who qualified in the reserved category, cannot hence have option for colleges/seats in reserved category on account of the MRC’s choice, may be adjusted against the choices of college seats then available in the general category left over by MRC. However such reserved category candidates continue in reserved category, except for such option. Thus, by treating a MRC as a general category candidate, the number of reserved seats remains the same, and reservations do not exceed 50%. This is also consistent with the principles of equity. In view of the above, we could not find any reason to disagree with the conclusions reached by the full Bench of the High Court.14. In light of the cases discussed hereinabove, both questions are answered as follows:i) A MRC can opt for a seat earmarked for the reserved category, so as to not disadvantage him against less meritorious reserved category candidates. Such MRC shall be treated as part of the general category only.ii) Due to the MRC’s choice, one reserved category seat is occupied, and one seat among the choices available to general category candidates remains unoccupied. Consequently, one lesser-ranked reserved category candidate who had choices among the reserved category is affected as he does not get any choice anymore.To remedy the situation i.e. to provide the affected candidate a remedy, the 50th seat which would have been allotted to X – MRC, had he not opted for a seat meant for the reserved category to which he belongs, shall now be filled up by that candidate in the reserved category list who stands to lose out by the choice of the MRC.This leaves the percentage of reservation at 50% undisturbed.15

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]7. Often, in a competitive examination held for the purpose of admission in technical and medical institutions etc. some candidates belonging to reserved category/categories, qualify for the higher ranking on the basis of their own merit and depending on their performance in the common entrance test, are placed in the general merit list. Such class of candidates belonging to reserved categories who qualify on their own merit, to be placed in general merit list, are described, for the purpose of convenience, as Meritorious Reserved Candidate (MRC). It is by now well settled that a MRC who goes on to occupy a general category seat is not counted against the quota reserved for a reserved category candidates, but is treated as an open competition candidate or general merit candidate.This court has repeatedly including the judgment in the case of Indra Sawhney (supra), has concluded that the aggregate reservation should not exceed 50%. Therefore, even when a MRC opts for a seat reserved for reserved category candidates, caution has to be exercised to maintain the reservation to 50%. So also it is not open for the authorities to deny a MRC a seat in the college of his preference based on his merit, if such seat is available at the relevant point of time and the same is reserved for candidates of the reserved category to which the MRC belongs. This is because there may be instances where a MRC may not get a seat in the institution of his choice on the basis of his own merit in the general merit. Under such circumstances, he may opt to be treated notionally as a candidate belonging to the reserved category only for the purpose of getting a seat in the college reserved for reserved category students. If such MRC is to be placed in the reserved merit list of his category, he would be ranking high and may get better choice of institution or course. A MRC cannot be placed in a disadvantageous position by not permitting him to be treated as reserved candidate, as that would amount to making him suffer for his better performance in the competitivefrom the year 1996, the law is well settled that the provisions should be so made that they will not work out to the disadvantage of a MRC and he would not be placed at a more disadvantageous position than the less meritorious reserved category candidates. Aforementioned 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, the cases of less meritorious reserved category candidates are considered.In other words, the reserved category candidate is entitled to admission on the basis of his merit, and he will have the option of taking admission to the colleges where a specified number of seats are kept reserved for the reserved category. However, while computing the percentage of reservation, he will be deemed to have been admitted as an open category candidate and not as a reserved category candidate.In the matter on hand, it is not the case that any other candidate of the reserved category, other than the candidate taking up thegeneral category place in choosing general category seat, will be adjusted. Moreover this issue is not under challenge in the present case, as both sides are admittedly not contesting the right of a MRC to choose a seat earmarked for the reserved category. On the other hand, it is fairly submitted by Shri Naphade and Shri Prasad that a MRC has got a right to choose a seat earmarked for reserved category/categories. However, they are only worried that the aggregate reservation should not exceed 50%.It follows from the cases cited above that the 50% reservation rule should not be breached under any circumstances. As mentioned supra, a MRC in medical admissions has more marks than the last general merit candidate, hence he shall be treated as a general category candidate. Only a choice of college seats in the reserved category is open to him. In this manner, the number of seats in each category remains constant and the upper limit of 50% reservation is not breached.13. It is clear from Ritesh R. Sah (supra), that in the case of admission to postgraduate medical institutions, a MRC who chooses to avail of the option of admission to a college with seats kept for the reserved category is deemed to have been admitted as an open category candidate. He continues to be open category candidate. There is no migration into the reserved category even if a MRC opts for a seat earmarked for reserved category candidates. Thecandidates who qualified in the reserved category, cannot hence have option for colleges/seats in reserved category on account of thechoice, may be adjusted against the choices of college seats then available in the general category left over by MRC. However such reserved category candidates continue in reserved category, except for such option. Thus, by treating a MRC as a general category candidate, the number of reserved seats remains the same, and reservations do not exceed 50%. This is also consistent with the principles of equity. In view of the above, we could not find any reason to disagree with the conclusions reached by the full Bench of the High Court.14. In light of the cases discussed hereinabove, both questions are answered asA MRC can opt for a seat earmarked for the reserved category, so as to not disadvantage him against less meritorious reserved category candidates. Such MRC shall be treated as part of the general category only.ii) Due to thechoice, one reserved category seat is occupied, and one seat among the choices available to general category candidates remains unoccupied. Consequently, onereserved category candidate who had choices among the reserved category is affected as he does not get any choiceremedy the situation i.e. to provide the affected candidate a remedy, the 50th seat which would have been allotted to X – MRC, had he not opted for a seat meant for the reserved category to which he belongs, shall now be filled up by that candidate in the reserved category list who stands to lose out by the choice of the MRC.This leaves the percentage of reservation at 50% undisturbed.