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Maharashtra Govt Challenges Bombay HC's Decision To Stay SEBC Quota For Marathas In Medical Admissions This Year, Before SC

Nitish Kashyap
4 May 2019 11:43 AM GMT
Maharashtra Govt Challenges Bombay HCs Decision To Stay SEBC Quota For Marathas In Medical Admissions This Year, Before SC
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The State of Maharashtra has challenged Bombay High Court's decision to stay quota for Maratha community in PG medical and dental courses for this year, before the Supreme Court. In a special leave petition, State has argued that as per the schedule provided by the Medical Council of India, the entire admission process for State quota is required to be completed by May 12. "The...

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The State of Maharashtra has challenged Bombay High Court's decision to stay quota for Maratha community in PG medical and dental courses for this year, before the Supreme Court.

In a special leave petition, State has argued that as per the schedule provided by the Medical Council of India, the entire admission process for State quota is required to be completed by May 12.

"The admission process had started, interference in the said process would create a great degree of confusion. Thus, in view of completion of two rounds of admission the situation has become irreversible" petition states.

What Has HC Said

Bombay High Court while hearing petitions filed by qualified doctors seeking admission in post graduate courses, held –

"Revised provisional seat matrix published on 27.3.2019, insofar as it makes a provision for the category of SEBC candidates, being illegal, shall not be given effect to for the limited purpose of SEBC reservation in current admission process."

The division bench of Justices SB Shukre and PV Ganediwala ruled that the State government's notification dated March 8, 2019 regarding Socially and Economically Backward Castes quota in health science courses will not be applicable to PG dental and medical admissions since the registration process for NEET began on October 16 and November 2 in 2018.

Whereas, the SEBC Act introducing 16% reservation for Maratha community was enacted on November 30, 2018.

Petitioners questioned the government's decision to give 16% quota for socially and economically backward classes on all private aided and unaided colleges. This quota will be on all seats, including institute quota and NRI quota. Whereas, other reservations for scheduled caste (SC), scheduled tribes (ST), other backward castes (OBC), vimukta jatis (VJ), nomadic tribes (NT) and economically weaker section (EWS) are calculated under the 50% "available" quota after removing NRI and institute quota. Petitioners argued that this is discriminatory.

Court concluded-

"We direct that the notification dated 8.3.2019, insofar as medical admission process is concerned, shall be applied to the medical admissions the procedure for which has started or would start on or after 30th November, 2018, subject to result of any other writ petition, if pending, and the notification would have no application to the present medical admission process-2019 which began w.e.f. 16th October, 2018 and 2nd November, 2018 respectively."

Maharashtra Govt challenges Bombay HC's decision to stay SEBC quota for Marathas in medical admissions this year, before Supreme Court

In its petition, state has argued-

"The object of the SEBC Act, 2018 is to make provision for advancement of socially and educationally backward class citizens in a manner which would afford full opportunity to these classes of citizens to bloom in all their colours and shades while, at the same time, not letting wither the other promising students belonging to other categories by suddenly reducing their chances to secure admission in the current admission process."

Further, the SLP states-

"50% seats are filled under the All India Quota by the agency appointed by the Central Government and remaining 50% seats are filled by the State Government through Competent Authority appointed under the Act of 2015. As per Section 4(a) of the Act of 2018, the Competent Authority has given reservation of 16% of the 50% seats to be filled in by the State Government to the SEBCs.

The action of the State Authorities of distribution of seats to the candidates belonging to Socially and Educationally. Backward Class is in accordance with law and the same is perfectly legal and valid."

Thus, State seeks an ex-parte stay on the High Court's judgment and leave to file an appeal against the said judgment.

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