1540 ?????, 122 ???? ?? 33 ???? ???????? ?? IIT ??? ?????? ?? ?? ??? ???? ??? ??? ?? ???? ??? ??? ???? ??? ?????? ?? ???? ???? ????... ????? ?? ???? ????, ???? ??? ?? ?? ??????? ??????? ??, ?? ?????? ???? ?? ?????? ?? ?????? ?? ?? ??? ?????? ????? ?? ??? ?? ?????? ??????? ???? ?? ??? ???: The IIT-Kanpur director said that across India, the reserved category students' report card had improved. Of the 2,545 OBC candidates who qualified, 1,540 made it to the common merit list. In case of SC students, of the 1,950 who qualified, 122 made it without the handicap of score relaxation and of the 645 ST candidates shortlisted to join the IITs, 33 made it to the common rank list. ???? ??? ???? ??? – (http://articles.timesofindia.indiatimes.com/2011-05-26/mumbai/29585627_1_shubham-mehta-iit-bombay-zone-iit-guwahati-zone) ?? ??? ?? ??? ??? ?? ?????, ???? ?? ???? ????? ??? ?? ??? ???? ????? ????? ??? ?? ??? ?????? ???? ????? ?? ??? ???? ??? ??? ??? ??? ???? 51 ?????? ???? ??? ?? ??? ?????, ????, ?? ???? ???? ??? ????? ?? ??? ?? ?? ??? ????? ????? ??? 9??? ?????? ?? ?? ????? ???????? ?? ???? ??, ????? ??? ????? ????? ?? ???? ??? ???? ??? ??? ???? ????? ????? ??? ??? ???? ???????? ?? ???? ?? ????? ??? ????? ???? 1600 ??????? ?? ???? ?? ????? ???? ???? ???? ??? ???? ?? ?? ???? ??? ?????? ???? ?? ??? ???????? ?? ????? ??? ???? ????? ????? ???? ??, ?? ???? ??? ?? ?? ???? ??? ???? ???? ???? ????????? ???? ?? ???? 10 ???? ?? ?????? ????? ????? ?????? ?????? ?? ?? ????? ???? ?? ???? ????? ??????? ???? ???? ??? ?????? ??? ?? ????? ?? ???? ?????? ?? ????? ????? ???? ??? ?? ????? ?? ???? ?????, ???? ?? ???? ??? ?????: 1540, 122 ?? 33 ???? ???? ???? ?? ???? ?????? ??? ????? ??? ??? ??, ?? ???? ?????? ??? ?????????? ??? ???? ?? ???? ???? ?? ??????? ????? ?? ???????? ???????? ??? ?? ??? ?????? ????? ???? ?? ????? ???? ?? ?????? ?? ?? ????? ??? ??? ???? ??? ???? ??? ?????? ??? ????? ??????? ??? ???? ?? ??? ??? ????? ?? ??? ???? ??? ?? ??????? ????? ??? ?? ???? ????? ?? 51% ????? ????? ?????? ?? ??? ?????? ?? ?? ???? ???? ?? ????? ??? ?? ?????? ???????? ?? ?? ??? ?? ????? ?? ???? ???? ???? ?? ????? ??? ??? ?? ????? ??? ????? ?? ?????? ????? ???? ?? ??? ???? ?????- W.P.(C) 4230/2010, Date of decision : 19 th August, 2010. DR. JAGVEER SINGH & ORS. ..... Petitioners Versus THE CHAIRPERSON, COUNSELLING COMMITTEE, ACADEMIC SECTION, AIIMS & ANR. ???? ?????? ?? ??? ?? ?????? ?? ??? ?????? ???? ?? ??? ???? ??????? ?? ?????- The Supreme Court in (i) Indra Sawhney Vs. Union of India 1992 Supp. (3) SCC 217 (ii) Ritesh R. Sah Vs. Dr. Y.L. Yamul 1996 (3) SCC 253 (iii) R.K. Sabharwal Vs. State of Punjab AIR 1995 SC 1371 and (iv) Union of India Vs. Satya Prakash (2006) 4 SCC 550 has held that the candidates selected in General (unreserved) Category on their own merit, even if belonging to the reserved category, cannot be counted in the reserved category so as to reduce the number of seats prescribed for the reserved category. In R.K. Sabharwal (supra) it was expressly held that “reserved category candidates can compete for non-reserved posts.” An unreserved seat is available to all the candidates who are in the zone of consideration but a reserved seat is confined for candidates of that particular category. In an open competition, General Category candidates are entitled to compete only against unreserved seats but a reserved category candidate in addition to his right to be considered against the reserved seat is W.P.(C) 4230/2010 Page 7 of 10 also entitled to be considered against unreserved seats. His option in the application, for consideration of his candidature for a reserved seat is only a declaration of his intention to be considered against reserved seat without depriving himself of the right to be considered against an unreserved seat. Articles 15 and 16 of the Constitution of India confer certain benefits on the persons belonging to these categories but which benefits are not in substitution of any other right which may be otherwise available to them as citizens of the country. Benefit of reservation does not substitute or supplant any other right of a person belonging to SC/ST and OBC Category. Such benefit would be in addition to an already existing right including the fundamental right of equality. If any scheme of reservation or the procedure evolved with a view to give effect to such scheme is made to depend upon the condition of truncating the fundamental or any other right of an individual, such scheme of reservation would be contrary to the constitutional provisions and the law and to the extent it curtails fundamental right or any other right of a person belonging to such category, would be liable to be declared illegal. Reserving certain seats for different groups of the community in the first instance means that these seats are meant for members belonging to such specified groups. This is an additional benefit conferred on them. On account of such additional benefit however they are not precluded from claiming ordinary benefits otherwise available to them. Members belonging to SC, ST and OBC Category for whom reservation of seats is made are not confined for selection for those seats only, although its converse is true. They cannot be asked to occupy only reserved seats. They would be free to occupy any seats including unreserved seats. The Supreme Court recently in Jitendra Kumar Singh Vs. State of U.P. (2010) 3 SCC 119 also held that a reserved candidate cannot be deprived of his right to be considered against general vacancy on the basis of merit. The practice of preparing categorywise list was also deprecated in para 43 of A.P. Public Service Commission Vs. Baloji Badhavath (2009) 5 SCC 1 as being detrimental to the interest of meritorious candidates belonging to the reserved categories The respondent no.1 AIIMS is directed to w.e.f. next admission, allow the candidates belonging to the reserved category to compete in the General (unreserved) Category also and the candidates belonging to reserved category, if entitled to admission on their own merit in General (unreserved) Category to be so given admission without counting them against seats in the reserved category. ???? ?????? ???? ?? ??????? ?????? ?? ???? - http://lobis.nic.in/dhc/RSE/judgement/27-08-2010/RSE19082010CW42302010.pdf ?? ?????? ?? ?? ?????? ????????? ?? ???????? ??? ??? ?? ??????? ??? ?? ??? ???? ?? ??? ????? ?? ?? ?????? ???? ???? ???? ???? ??? ???? ??? ?? ?? ?? ???? ??? ????????? ???? ?? ???? ????, ?? ?? ?? ??? ?????, ???? ???? ?? ???? ????? ?? ?? ???? ????? ?? ?????? ??? ????? ?? ?? ???? ??? ?? ???? ????? ?? ?? ???? ???

1540 ?????, 122 ???? ?? 33 ???? ???????? ?? IIT ??? ?????? ?? ?? ??? ???? ??? ??? ?? ???? ??? ??? ???? ??? ?????? ?? ???? ???? ????... ????? ?? ???? ????, ???? ??? ?? ?? ??????? ??????? ??, ?? ?????? ???? ?? ?????? ?? ?????? ?? ?? ??? ?????? ????? ?? ??? ?? ?????? ??????? ???? ?? ??? ???: The IIT-Kanpur director said that across India, the reserved category students' report card had improved. Of the 2,545 OBC candidates who qualified, 1,540 made it to the common merit list. In case of SC students, of the 1,950 who qualified, 122 made it without the handicap of score relaxation and of the 645 ST candidates shortlisted to join the IITs, 33 made it to the common rank list. ???? ??? ???? ??? – (http://articles.timesofindia.indiatimes.com/2011-05-26/mumbai/29585627_1_shubham-mehta-iit-bombay-zone-iit-guwahati-zone) ?? ??? ?? ??? ??? ?? ?????, ???? ?? ???? ????? ??? ?? ??? ???? ????? ????? ??? ?? ??? ?????? ???? ????? ?? ??? ???? ??? ??? ??? ??? ???? 51 ?????? ???? ??? ?? ??? ?????, ????, ?? ???? ???? ??? ????? ?? ??? ?? ?? ??? ????? ????? ??? 9??? ?????? ?? ?? ????? ???????? ?? ???? ??, ????? ??? ????? ????? ?? ???? ??? ???? ??? ??? ???? ????? ????? ??? ??? ???? ???????? ?? ???? ?? ????? ??? ????? ???? 1600 ??????? ?? ???? ?? ????? ???? ???? ???? ??? ???? ?? ?? ???? ??? ?????? ???? ?? ??? ???????? ?? ????? ??? ???? ????? ????? ???? ??, ?? ???? ??? ?? ?? ???? ??? ???? ???? ???? ????????? ???? ?? ???? 10 ???? ?? ?????? ????? ????? ?????? ?????? ?? ?? ????? ???? ?? ???? ????? ??????? ???? ???? ??? ?????? ??? ?? ????? ?? ???? ?????? ?? ????? ????? ???? ??? ?? ????? ?? ???? ?????, ???? ?? ???? ??? ?????: 1540, 122 ?? 33 ???? ???? ???? ?? ???? ?????? ??? ????? ??? ??? ??, ?? ???? ?????? ??? ?????????? ??? ???? ?? ???? ???? ?? ??????? ????? ?? ???????? ???????? ??? ?? ??? ?????? ????? ???? ?? ????? ???? ?? ?????? ?? ?? ????? ??? ??? ???? ??? ???? ??? ?????? ??? ????? ??????? ??? ???? ?? ??? ??? ????? ?? ??? ???? ??? ?? ??????? ????? ??? ?? ???? ????? ?? 51% ????? ????? ?????? ?? ??? ?????? ?? ?? ???? ???? ?? ????? ??? ?? ?????? ???????? ?? ?? ??? ?? ????? ?? ???? ???? ???? ?? ????? ??? ??? ?? ????? ??? ????? ?? ?????? ????? ???? ?? ??? ???? ?????- W.P.(C) 4230/2010, Date of decision : 19 th August, 2010. DR. JAGVEER SINGH & ORS. ..... Petitioners Versus THE CHAIRPERSON, COUNSELLING COMMITTEE, ACADEMIC SECTION, AIIMS & ANR. ???? ?????? ?? ??? ?? ?????? ?? ??? ?????? ???? ?? ??? ???? ??????? ?? ?????- The Supreme Court in (i) Indra Sawhney Vs. Union of India 1992 Supp. (3) SCC 217 (ii) Ritesh R. Sah Vs. Dr. Y.L. Yamul 1996 (3) SCC 253 (iii) R.K. Sabharwal Vs. State of Punjab AIR 1995 SC 1371 and (iv) Union of India Vs. Satya Prakash (2006) 4 SCC 550 has held that the candidates selected in General (unreserved) Category on their own merit, even if belonging to the reserved category, cannot be counted in the reserved category so as to reduce the number of seats prescribed for the reserved category. In R.K. Sabharwal (supra) it was expressly held that “reserved category candidates can compete for non-reserved posts.” An unreserved seat is available to all the candidates who are in the zone of consideration but a reserved seat is confined for candidates of that particular category. In an open competition, General Category candidates are entitled to compete only against unreserved seats but a reserved category candidate in addition to his right to be considered against the reserved seat is W.P.(C) 4230/2010 Page 7 of 10 also entitled to be considered against unreserved seats. His option in the application, for consideration of his candidature for a reserved seat is only a declaration of his intention to be considered against reserved seat without depriving himself of the right to be considered against an unreserved seat. Articles 15 and 16 of the Constitution of India confer certain benefits on the persons belonging to these categories but which benefits are not in substitution of any other right which may be otherwise available to them as citizens of the country. Benefit of reservation does not substitute or supplant any other right of a person belonging to SC/ST and OBC Category. Such benefit would be in addition to an already existing right including the fundamental right of equality. If any scheme of reservation or the procedure evolved with a view to give effect to such scheme is made to depend upon the condition of truncating the fundamental or any other right of an individual, such scheme of reservation would be contrary to the constitutional provisions and the law and to the extent it curtails fundamental right or any other right of a person belonging to such category, would be liable to be declared illegal. Reserving certain seats for different groups of the community in the first instance means that these seats are meant for members belonging to such specified groups. This is an additional benefit conferred on them. On account of such additional benefit however they are not precluded from claiming ordinary benefits otherwise available to them. Members belonging to SC, ST and OBC Category for whom reservation of seats is made are not confined for selection for those seats only, although its converse is true. They cannot be asked to occupy only reserved seats. They would be free to occupy any seats including unreserved seats. The Supreme Court recently in Jitendra Kumar Singh Vs. State of U.P. (2010) 3 SCC 119 also held that a reserved candidate cannot be deprived of his right to be considered against general vacancy on the basis of merit. The practice of preparing categorywise list was also deprecated in para 43 of A.P. Public Service Commission Vs. Baloji Badhavath (2009) 5 SCC 1 as being detrimental to the interest of meritorious candidates belonging to the reserved categories The respondent no.1 AIIMS is directed to w.e.f. next admission, allow the candidates belonging to the reserved category to compete in the General (unreserved) Category also and the candidates belonging to reserved category, if entitled to admission on their own merit in General (unreserved) Category to be so given admission without counting them against seats in the reserved category. ???? ?????? ???? ?? ??????? ?????? ?? ???? - http://lobis.nic.in/dhc/RSE/judgement/27-08-2010/RSE19082010CW42302010.pdf ?? ?????? ?? ?? ?????? ????????? ?? ???????? ??? ??? ?? ??????? ??? ?? ??? ???? ?? ??? ????? ?? ?? ?????? ???? ???? ???? ???? ??? ???? ??? ?? ?? ?? ???? ??? ????????? ???? ?? ???? ????, ?? ?? ?? ??? ?????, ???? ???? ?? ???? ????? ?? ?? ???? ????? ?? ?????? ??? ????? ?? ?? ???? ??? ?? ???? ????? ?? ?? ???? ???