Kerala HC Stays Decision Of ESI Corporation To Cancel 'The Wards of Insured Persons Quota' In Medical/Dental Colleges [Read Order]

The Kerala High Court on Thursday (15th October) stayed further proceedings pursuant to the notice issued by Employees State Insurance Corporation (ESIC) informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21.The Bench of Justice N. Nagaresh also stayed the decision taken by the Employees State Insurance Corporation (ESIC) to cancel the IP Quota.The Court specifically observed,"There will be an interim stay on all further proceedings pursuant to Exts.P1 and P2. It is made clear that the respondents may bring up this writ petition in the case the Division Bench of the Hon'ble High Court of Madras gives any clarification/passes any order in this regard."It may be noted that, Exhibit P1 (in the Writ Petition before the Court) was the Notice issued by Employees State Insurance Corporation (ESIC) informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21)On the other hand, Exhibit P2 (in the Writ Petition before the Court) was the decision taken by the Employees State Insurance Corporation (ESIC).to cancel the IP QuotaThe Case of the PetitionerThe petitioners in the present matter approached the Kerala HC, who were applicants for Wards of Insured Persons (IP) Quota seats in ESIC Medical/Dental colleges Employees State Insurance Corporation for academic session 2020-21 and were aggrieved by the notice dated 28.09.2020 issued by the 1st respondent informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21 (Exhibit P1).Thereafter, vide notice dated 30.09.2020, it was further informed that the decision to cancel IP Quota (Exhibit P2), was taken in view of the common order dated 07.06.2019 of the High Court of Madras in W.P 35853/2016 and 17948/2017 and the Judgement dated 06.08.2019 in W.A No.2274/2019 and 2304/2019 and also the order dated 15.07.2019 of the Apex Court of India in S.L.P (C) Diary No's 24032/2019.It was submitted by the Petitioners that none of the above-referred orders of the High Court or Supreme Court enables the 1st respondent to cancel or abolish the IP Quota in ESIC Medical/ Dental colleges.Notably, the judgment of the learned single judge of the Madras High Court in WP.35853/2016 and 17948/2017 declared that the reservation policy of ESIC providing 20% reservation to the Wards of Insured Persons as unconstitutional and illegal (Judgment dated 07.06.2019).Further, the Division Bench of the High Court on 06.08.2019, disposed of the writ appeal preferred by the Director-General of ESIC recording the undertaking of the Additional Solicitor General of India that the ESIC shall immediately undertake the admission process in accordance with the relevant rules provided by the reservation of 20% of seats to the Wards of Insured Persons in the medical colleges established by the ESIC.Advocate C Unnikrishnan argued that the Judgment in Writ Appeal (dated 06.08.2019) had become final since the same has not been challenged before the Apex Court nor it is being reviewed by the Hon'ble Madras High Court thus the order of the single bench of Madras HC (07.06.2019/declaring the reservation policy of ESIC providing 20% reservation to the Wards of Insured Persons as unconstitutional and illegal) is not in existence as of now since the same is merged with the Judgment of the learned Division Bench (in Writ Appeal).Therefore, it was argued that the legal position as of now was that none of the judgment and orders referred to by the 1st respondent in Exhibit P2 has any impact on the decision taken to cancel/abolish IP Quota as per Exhibit P1 notice.It was specifically submitted by the Petitioners that Exhibit P1 and P2 are liable to be quashed. For the sake of repetition, both are explained herein:-Exhibit P1 - Notice issued by Employees State Insurance Corporation (ESIC) informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21)Exhibit P2 - Decision was taken by the Employees State Insurance Corporation (ESIC) to cancel the IP QuotaGrounds pleadedIt was also pleaded before the Court that since no reason was stated in Exhibit P1 to cancel or abolish IP Quota in ESIC Dental/Medical college, the order is cryptic and non-speaking coupled with the fact that Exhibit P2 notice issued in continuation with Exhibit P1 notice is also not supporting the decision informed in Exhibit P1. Therefore, on that ground also Exhibit P1 is liable to be quashed.Importantly, it was submitted that the allotment of seats to ESIC management quota is only to the Wards of the Insured Persons and thus it was only extending the benefit to the economically...

Kerala HC Stays Decision Of ESI Corporation To Cancel 'The Wards of Insured Persons Quota' In Medical/Dental Colleges [Read Order]

Sparsh Upadhyay

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