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

2. Judgment dated 28.10.2016 passed by the High Court of Judicature at Patna in MJC No. 3680 of 2016 in CWJC No.16673 of 2016 and connected matters is called in question in these appeals. By the said judgment, the full Bench of the High Court answered the reference made to it by the Division Bench of the Patna High Court in the matter of validity or otherwise of admission process for MBBS/BDS and PG courses pursuant to a circular dated 14.11.1995 of the State Government.It was contended before the Patna High Court by the appellants that the seat which remained unfilled because of migration/shifting of a MRC to the reserved category should be filled up by the candidates from the general category list inasmuch as the MRC virtually shifts himself to the reserved category. Per contra it was contended by the contesting respondents that such seat should continue to be filled up by the ousted candidates at the bottom of the reserved category list, in view of the fact that the MRC continues to be a general category candidate. By the impugned judgment, the Patna High Court answered the reference in favour of the respondents asIn view of the discussions above and what has been held by Supreme Court in cases of Ramesh Ram (supra) and Ritesh R. Sah (supra) we arrive at the following conclusion(s)There is an obvious distinction between qualifying through a common entrance test for securing admission to medical courses in various institutionsa common competitive examination held for filling up vacancies in various services.(ii) This distinction arises because all candidates receive, in a case of common entrance test held for securing admission in medical institutions, the same benefits of securing admission in one of the medical institutions, in a particular course, whereas in the case common selection process adopted for filling up vacancies in various services, there are variations, which accrue to the successful candidates, because the services may differ in terms of status and conditions of service including pay scale, promotional avenues, etc. Consequence of migration of an MRC to the concerned reserved category shall be, therefore, different in case of the admission to various medical institutionsselection to various posts.(iii) In case of admission to medical institutions, an MRC can have in, for the purpose of allotment of institutions, of his choice, the option of taking admission in a college, where a seat in his category is reserved. Though admitted against a reserved seat, for the purpose of computation of percentage of reservation, he will be deemed to have admitted as an open category candidate, rather he remains an MRC. He cannot be treated to have occupied a seat reserved for the category of reservation he belongs to. Resultantly, this movement will not lead to ouster of the reserved candidate at the bottom on the list of that reserved category. While his/her selection as reserved category candidate shall remain intact, he/she will have to adjusted against remaining seats, because of movement of an MRC against reserved seats, only for the purpose of allotment of seats.(iv) In the case of filling up of posts based on common competitive selection process in different services, situation will be entirely different, when an MRC opts to move to the reserved category, which he belongs to, for getting a service/post of his choice. In such a situation, the candidate, at the bottom of list of the concerned category, will have to move out and the slot, in the general merit list, will stand vacated, because of migration of the MRC will have to be filled up from general merit list. Otherwise, if the open seats are allowed to be filled up by candidates of reserved categories, it will result into extending the benefit of reservation beyond fifty percent, which is constitutionally impermissible.16. The reference is answereddeciding the reference as mentioned supra, the full Bench of the Patna High Court has distinguished between two sets of cases viz. (a) case of securing admission to medical courses in various institutions through a common entrance test; and (b) case of filling up of vacancies in various civil services through common competitive examination.

Court's reasoning:
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.