The Rajathan High Court in the writ petition filed by the general category applicants in the NEET-PG has ordered the state government to conduct a fresh round of counselling as to implement the EWS quota in the manner decided by the MCI.
Case of the Petitioners
The Petitioners have challenged the state government for not including the additional seats provided by MCI to implement the EWS quota. Mr. Mathur, the Counsel for the petitioner, submitted that the reservation to the EWS category can only be provided against the additional seats without harming the opportunities for the general category students. He further submitted that the cap of 50% cannot be breached in furtherance of the Article 14, 15 and 16 of the Constitution. He also contended that the state colleges did not send the matrix for the EWS students but they have included in the first counselling round. Mr. Tiwari submitted that State government cannot depart from the instructions given by MCI in a letter dated 27/02/2020.
Case of the Respondents
Mr. Angad Mirdha, counsel for Respondent submitted that the increased seats are not specifically earmarked to EWS quota and the purpose of increasing the total seats to meet out the EWS quota. Mr. Singhvi submitted that the students will not be at any loss as there will option of exit once the second round of counselling begins.
Decision of the Court
The court was of the opinion that the counselling that took place was not fair and thereby cancelled the first round of counselling ordering that the EWS reservation shall apply only to the seats made available by MCI for implementation of EWS quota vide letter dated 27/02/2020. These observations are directed to be considered for future admission processes.
Case Details
Before: Rajasthan High Court
Bench: Justice Sanjeev Prakash Sharma
Case Title: Karmendra Singh Kushwaha & Ors. V State of Rajatshan
Case Details: S.B. Civil Writ Petition No. 5468/2020, S.B. Civil Writ Petition No. 5482/2020, S.B. Civil Writ Petition No. 5495/2020
Counsel for Petitioner: Senior Advocate Mr. RN Mathur with Adv. Mr. Prateek Mathur, Adv. Mr. Shobhit Tiwari & Adv. Mrs. Nupur Bhati
Counsel for Respondent: Advocate General Mr. MS Singhvi, with Adv. Mr. Darsh Pareek, Adv. Mr. Angad Mirdha & Adv. Mr. RB Mathur
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