Delhi High Court: De-reservation of reserved medical seats after counselling not ordinarily permissible

The Delhi High Court has held that courts should ordinarily refrain from directing the de-reservation of reserved medical seats after the counselling process has commenced or concluded, observing that such directions can disrupt the statutory admission framework and prejudice the rights of other candidates.

 The Bench of Justice Vikas Mahajan of the Delhi High Court resolved the split verdict by answering the reference arising from the conflicting opinions of Justice C. Hari Shankar and Justice Om Prakash Shukla. He held that courts cannot ordinarily direct the de-reservation of reserved medical seats after the counselling process has concluded, unless such a course is expressly permitted under the applicable statutory framework or government policy

The Court observed that medical admissions are governed by a time-bound counselling process designed to ensure transparency, certainty and equal opportunity. Permitting de-reservation of seats through judicial orders after counselling would not only disturb the admission schedule but could also unfairly affect candidates who participated in the process based on the notified seat matrix.

Emphasising the importance of maintaining the sanctity of the counselling mechanism, the Bench noted that the conversion of reserved seats is governed by statutory rules and policies framed by the competent authorities. Courts, it said, cannot ordinarily substitute these policy decisions or direct de-reservation merely because seats remain vacant.

The High Court further observed that any relaxation of the reservation policy after counselling could have wider implications for the admission process and may result in uncertainty for both institutions and candidates. It reiterated that judicial review in academic matters is limited and should be exercised only where there is a clear violation of statutory provisions, constitutional guarantees or principles of fairness.

Resolving the difference of opinion, the Court clarified that while exceptional cases may warrant judicial intervention, the power to order de-reservation of reserved seats cannot be exercised as a matter of routine after the counselling process has progressed.

The judgment is expected to provide greater clarity on the limits of judicial intervention in medical admissions and reinforce the principle that counselling schedules and reservation policies should ordinarily be allowed to operate without disruption.

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