Rule Of Reservation Prescribed For State Quota Seats Does Not Apply To The Seats Reverted from All India Quota: Bombay HC [Read Judgment]

The High Court of Bombay at Goa has held that the rule of reservation prescribed for State quota seats does not apply to the seats reverted from All India Quota, though such seats are available to the State for allotment.Justice SC Gupte answered a split verdict delivered by the division bench of Justice MS Sonak and Justice DS Naidu in a writ petition filed by United Tribals Association Alliance Society, wherein non-extension of the benefit of reservation (as per rule contained in the State's Notification dated September 7, 2007) available for the seats from original State Quota to the reverted seats, is the subject matter of challenge. Case BackgroundThe controversy in this particular matter concerns admission to under-graduate medical seats in the State of Goa. Across the country, for admission to under-graduate medical courses, 15 per cent of total available seats are to be allotted by the Central Government under what is known as an 'All India Quota'. These seats go by the uniform qualification/s applied in the country without reference to the laws of individual States concerning reservation. The remaining seats go under what is known as a 'State Quota'. For seats under 'State Quota', reservation policies of respective State Governments apply. Many a times, seats under All India Quota are not filled in and remain vacant, and become available to individual States for allotment. Admittedly, under-graduate medical seats in Goa, were originally part of All India Quota and have been reverted to the State since they were not filled and are to be allotted by the State. The State has made different provisions for allotment of original State Quota seats, particularly, the reservation of 12 per cent for Scheduled Tribes in the State under Notification dated September 7, 2007, and for allotment of reverted seats (reverted from All India Quota), namely, the rule specified in Clause 4.37 of the Common Prospectus for Admission to First Year of Professional Degree Courses, Session 2020-2021 inter alia for MBBS course. Clause 4.37 provides that seats reverted from All India Quota have to be offered to general category students without any reservation. While Justice MS Sonak held that that the reverted seats should go by the stipulation made in Clause 4.37 of the Prospectus as the clause is very much a law made by the State in exercise of its executive power under Article 162 of the Constitution of India, just as the original Notification dated September 7, 2007 was.On the other hand, Justice Dama Seshadri Naidu held that the original rule of reservation, which applies to State Quota seats, would also apply to seats reverted to the State from All India Quota. These reverted seats are deemed to be seats from State Quota and must go by the State's own stipulation of reservation, in particular, 12 per cent reservation for Scheduled Tribes contained in the Notification of 7 September 2007, Justice Naidu concluded.In view of this difference, under directions of the Judges, the matter was placed before the the Chief Justice, who referred the same to Justice Gupte.JudgmentSince both sides relied upon Article 15 of the Constitution of India in support of their respective arguments, Court observed- "Any reservation made for Scheduled Tribes in the matter of admission to medical colleges, such as the one we are concerned with in the present petition, would thus be protected notwithstanding the rule against discrimination contained in Article 15(1). That is, however, not to say that Article 15 mandates the State to make the particular reservation or, for that matter, any of the special provisions referred to in Clauses (3), (4) or (5) thereof. If the State were to choose not to make any reservation under these Clauses, its action cannot be faulted under Article 15.Simply put, this means that Article 15 countenances certain designated reservations or discriminations; it enables such reservations or discriminations on the part of the State; it does not mandate any such reservation or discrimination as a matter of compulsion. The Supreme Court, in the case of Gulshan Prakash (Dr.) Vs. State of Haryana , has affirmed this position in unequivocal terms." After looking at both the said notification dated September 7, 2007, and the prospectus issued by the State, particularly, Clause 4.37 thereof, Court observed that both provisions, are made by the State in exercise of its executive power under Article 162 of the Constitution of India and are as much a law as any other provision made by the State in exercise of its legislative power. Justice Gupte said-"Rules of admission by the State, both by Notification of 7 September 2007 and Clause 4.37 of the prospectus, are laws made accordingly by the State in exercise of its executive power under Article 162. They are mandatory and uniformly enforceable. Even otherwise, that is to say, even if they or any of them were to be treated as simple executive orders, they are nevertheless legally...

Rule Of Reservation Prescribed For State Quota Seats Does Not Apply To The Seats Reverted from All India Quota: Bombay HC [Read Judgment]

Nitish Kashyap

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