'Seat allocation for dental course at AIIMS unfair'

High Court pulls up medical college for reserving no seat for OBCs

The Delhi High Court on Tuesday said the formula adopted by AIIMS for allocation of seats to various categories in the Master of Dental Surgery (MDS) course, which started in July this year, is not just and fair as no seat was reserved for OBC category.

The court, however, declined to interfere with this year’s course and asked the Centre and AIIMS to allocate seats as per the provisions in the Central Educational Institutions (Reservation in Admission) Act in future.

“The formula adopted by respondent 1 (AIIMS) is not in conformity with the legislative mandate since sometimes the reserved category candidates are getting more than their due shares and sometimes they are not getting the share which ought to have come to them,” Justice V K Jain said.

The court order came while disposing of a plea filed by one Anusar Gupta, first rank holder in OBC category in post- graduate MDS course, who was refused admission on OBC seat in the institute for this year’s course. “There is no legal sanctity behind the formula adopted by AIIMS for allocation of seats amongst various categories in the MDS course. Considering the meagre number of seats available in various specialities, the legislative mandate cannot be achieved in case the formula adopted by respondent No1 is allowed to continue. The formula applied by it is neither legal nor just and fair,” the court also said.

The court rejected Anusar Gupta’s plea for a direction to AIIMS to reserve 27 per cent seats out of the total seats for OBC category in MDS course, and allow him for admission.
“I am of the view that the admission process requires no interference by the court and should be allowed to be completed as per the allocation notified in the prospectus,” the court said.

Filing the plea through counsel Nitin Kumar Gupta, the petitioner said there are five seats alloted for MDS course, but not a single seat has been reserved by the institute this year for OBC category students, which is illegal as there is a provision of 27 percent reservation of seats for OBC candidates in every institute.

The plea said, “He has been denied admission in OBC category due to wrong and illegal calculation or allocation of seats for OBC candidates, wherein not even a single seat has been reserved for OBC candidates (27 percent reservation) despite having a total of five seats.” The counsel told the court that AIIMS has failed to adhere to allocation of 27 per cent total seats for OBC category candidates, which is contrary to the settled law.

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