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The state has asked private medical and dental colleges to surrender their unfilled seats after the second round; admissions to these seats will then be done on the basis of merit scores in NEET, the central entrance test.

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.

Whether the legislative mandate can be achieved by treating all the seats in MDS, irrespective of the speciality, as one branch of study and providing reservation accordingly in terms of Section 3 of the Act, is for the respondent No 1 to examine. But the formula applied by it is neither legal nor just and fair," the court also said.

The apex court bench of Justice Gyan Sudha Misra and Justice Madan B Lokur said this on an application filed by NGO Sankalp, seeking direction that the private medical colleges which were enrolling students on the basis of their own entrance tests should admit only those students who had appeared in the NEET and secured at least 50 per cent marks.

Appearing for the NGO, counsel Prashant Bhushan told the court that the interim order passed by the apex court on May 13 was not clear as it had allowed the declarations of the results of the entrance examinations conducted by the Medical Council under the NEET and by various private colleges but did not spell out how admissions would take place.

The Delhi High Court on Monday directed the All India Institute of Medical Sciences (AIIMS) to keep a seat available for an OBC student in its Master of Dental Surgery (MDS) course that is scheduled to begin from July this year till the disposal of a plea regarding the same.

The court’s direction came following a plea from an OBC student, Anusar Gupta, seeking a direction for reservation of the OBC category students in the MDS programme.

Gupta, a first rank holder in the OBC category in the post-graduate MDS course, was denied admission to the institute. He told the court in his plea that even though there are five seats in the MDS course, not a single one was reserved for OBC category students, which is illegal, as there is a provision of 27 per cent reservation of seats for OBC candidates in every institute.

"The petitioner has been denied admission in the OBC category, due to a wrong and illegal 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 petition read.

It was further submitted that AIIMS has wrongfully combined MD/MS seats with MDS seats, despite the two courses belonging to completely different categories. MD/MS degrees are for medical courses, while the MDS degree is for dental courses. AIIMS reserved the entire 27 per cent seats for OBC category candidates in the MD/MS courses and none in the MDS course.

"AIIMS has combined all the 121 seats (for MD/MS courses and MDS course) and allocated the 27 per cent reservation – 33 seats – to MD/MS courses and not even a single seat to MDS course, which is illegal and has caused grave injustice to the petitioner and his career," the plea said.

The Court has scheduled the next hearing in the matter for July 16.

Tarik Patel, who had got the 323rd rank in the entrance exam last year, said he did not expect to top. “But I was hoping to improve my rank so my parents could afford the fees,” he said. “To complete my graduate studies in dentistry, I had to take a loan.”

Will you speak up, Mr Minister?
– Who is responsible for the large-scale corruption which is now becoming endemic in the dental council?
– Why is Mr Azad failing to act against the culprits despite giving written assurances?
– Is the Dental Council a completely political body consisting of candidates backed by politicians?
– And the biggest question – If neither the chairman of the Dental Council, nor the Health Minister are willing to take responsibility, what’s the purpose of setting up of this council at all?

The petition filed by Prof Ambalike Hiriyanna said 24 students had blocked medical seats for gain and, eventually dropped out of the Kempegowda Institute of Medical Sciences (KIMS).

Petitioners also sought a detailed probe in to the issue. A division bench comprising acting Chief Justice K Sreedhar Rao and Justice Abdul Nazeer issued notices and directed them to file objections with a week.

Petitioners alleged that the seat-blocking row rampant in allotment of medical seats in the State. As per a clause in the consensual agreement of the State government with the professional institutes, all unfilled government quota seats have to be surrendered back to college managements.

The managements eventually convert them to “management quota” seats.

Some merit students fall prey to the management lobby and take part in the seat-blocking racket, said the petitioner.