The division Bench of Rajasthan High Court comprising of Hon’ble Chief Justice Indrajit Mahanty and Justice Prakash Gupta, was approached by State of Rajasthan challenging the Single Bench judgment (dated 15.6.2020) whereby Writ Petition filed by NEET 2020 applicants against first round of Counseling in Post-Graduate Medical Colleges of Rajasthan, were allowed with the following directions:
(a) Conduct of a fresh round of counseling for admission by including the additional seats allotted for implementation of EWS quota; (b) State Govt. to have discretion w.r.t. filling EWS 10% quota by applying plain roster of 10% (c) cancellation of admissions given in the first round of counseling.
Facts of the Matter
Admission to Post Graduate Courses in Medical Education are done on merit basis secured by candidates in National Eligibility-cum-Entrance Test ("NEET"), conducted by the National Board of Examination under the Medical Council of India and the admission process is governed by Post Graduate Medical Education Regulations, 2000. Regulation 9 of the Regulations of 2000 deals with reservations of seats in medical colleges/institutions for the respective categories and states that reservations would be made as per the extant laws in the concerned State/Union Territory. Regulation 9A provides for counseling procedure and designates the authorities responsible for counseling.
For the academic session 2020-2021, Petitioners participated in NEET PG 2020 under the General/UR category and appeared for the entrance examination held on 06.01.2020, the results and cut-off of which were declared on 21.01.2020. Before counseling process started, a recommendation for 92 additional seats for the State of Rajasthan in six government medical colleges was made to give effect to reservation to Economically Weaker Sections (EWS) [Constitutional 103rd Amendment Act: u/a 15(6)], without affecting seats available to candidates belonging to other categories. Consequently, a letter was written by the Ministry of Health and Family Welfare to state government for implementing 10% quota for EWS.
Meanwhile, number of additional seats recommended to the State of Rajasthan was decreased from 92 to 89. The counseling was started on 17.03.2020 and applications were invited for the same on 17.03.2020. Thereafter, on 21.04.2020, a combined provisional merit list was published and all the candidates whose names appeared in the said provisional list were required to submit their preferences, the last date for which was 21.04.2020. On 30.04.2020 and 05.05.2020, the state government intimated its decision to implement 10% reservation for EWS to the Board and sent a revised seat matrix to the Board. In the meantime, these batches of Writ Petitions had been filed by the Petitioners, challenging the first round of counseling done by the Appellants. These Writ Petitions were allowed by the learned single judge vide his order dated 15.06.2020.
Held:
The Court quashed and set side the impugned judgment dated 15.06.2020 passed by the learned single judge and held that the first round of counseling was proper and there was no illegality or infirmity in the same. The further held that; the Appellants-State was free to proceed with the second round of counseling and that EWS was to be applicable to all institutions and not on specific seats.
Case Details:
Before: Rajasthan High Court
Quorum: Chief Justice Indrajit Mahanty and Justice Prakash Gupta
Case Title: State of Rajasthan & Ors. v. Dr. Yogesh Kumar Saini & Ors.
Case No.: Special Appeal Writ No. 396/2020
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