Reserved medicinal seats cannot be de-reserved after counseling commences solely because they remain unfilled by reserved category candidates.

The Respondent, an unreserved category candidate with a PG Diploma in Radio-diagnosis, appeared for the DNB PDCET 2025 and secured rank 142.

The seat matrix for General Hospital, Panchkula, showed one Radio-diagnosis seat reserved for OBC candidates.

No OBC candidate qualified for this specialty.

Despite the Respondent opting for this seat, the Appellant (NBEMS) allotted her a seat in a private hospital (IVY) because the Panchkula seat was reserved.

The Respondent sought a mandamus to de-reserve the seat. A Single Judge directed de-reservation, but a subsequent Division Bench delivered a split verdict, leading to this reference.

Clause 4.6 of the Handbook for Admission to Post Diploma DNB Courses, which prohibits the conversion of vacant reserved seats to other categories.

Policy decision from the NBEMS 15th Accreditation Committee Meeting (09.08.2024), which mandates that vacant Post-Diploma seats revert to the three-year Post-MBBS DNB pool rather than going to waste.

Principle that reservation rules in educational admissions must balance individual merit against institutional seat management.

The court reasoned that a general category candidate cannot claim a seat specifically earmarked for a reserved category, as merit-based shifts are typically only permitted from reserved to open, not vice versa.

The court disagreed with the "wastage of resources" argument, noting that the Accreditation Committee had already decided such seats would be utilized in the Post-MBBS pool.

The court found that de-reserving a seat after the counseling process has begun would be iniquitous; more meritorious candidates might have opted for the hospital had it been listed as "unreserved" initially.

Granting the seat to the Petitioner would rewards a "strategy" of opting for an unavailable seat.

The court noted that since over a year had passed, the Petitioner could not fulfill the necessary attendance and training requirements for the 2025 session.

The court held that once a seat matrix is finalized and options are filled, courts should not generally direct de-reservation.

The court ordered NBEMS to seek state approval for de-reservation in future sessions prior to the finalization of the seat matrix if it is known that no candidates from a reserved category have qualified.