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NO 10 percent EWS quota for PG medical Admissions in Maharashtra: Supreme Court

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Ten per cent of EWS quota cannot be granted to the ongoing admission process. You cannot change the rules of the game when the game is on- Supreme Court

New Delhi: The Supreme Court has recently held that 10 per cent quota for Economically Weaker Sections (EWS) students cannot be applied to PG medical admissions in Maharashtra for this academic year 2019-20 as admission process has started long before the provision came into force.

A vacation bench of Honourable Chief Justice Ranjan Gogoi and Justice Aniruddha Bose stated that 10 per cent EWS quota cannot be granted at the cost of others unless additional seats are created by the Medical Council of India (MCI).

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Two days ago, the Supreme Court had sought a reply from Maharashtra government and the MCI on a plea seeking a direction to the state government not to implement the 10 per cent quota for EWS General Category students in the PG medical admissions.

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Read Also: 10 percent EWS quota in PG Medical Admissions: SC seeks reply from MCI, Maharashtra Govt

On the part of increasing seats in view of EWS reservation implementation, last month, taking a cue from the Ministry of Health regarding bringing of 10 per cent EWS quota in PG medical seats at  government medical colleges across the country, the MCI had written to the various state governments and medical colleges asking them to provide preliminary details for the same.

As per the policy, 10 per cent of seats will be reserved for EWS quota and for the implementation of the same, increments in the PG medical seats will be made at various government medical colleges. For the same, MCI had asked the DMEs. state secretaries, heads of medical colleges and universities of various states  to furnish details of the PG course wise seats at the various medical colleges

Read Also: MCI moves to implement 10 percent EWS quota in medical colleges, Asks States to submit Seat Matrix

However, 10 per cent reservations in the general category for the EWS in medical courses in Maharashtra had been challenged in the Bombay High Court by many students. The petitioners contended that the decision is discriminatory as it takes the overall reservation to 76 per cent, leaving very few seats for remaining students in the open category.

Read Also: Medical admissions: 10 percent EWS quota challenged in Bombay High Court

Now, in response to a plea filed by a student from General Category saying that unless additional seats are created, the ten per cent EWS quota will eat into their share of seats, the Apex court noted that admission process for PG medical courses started in November 2018 while the 103 Constitutional amendments granting 10 per cent EWS quota was passed in January this year.
The SC bench stated,
“Ten per cent of EWS quota cannot be granted to the ongoing admission process. You cannot change the rules of game when the game is on.”

The bench said the Maharashtra government enforced the 10 EWS quota for PG medical courses in March.

The student had challenged two circulars of the Maharashtra government by which ten per cent EWS quota was enforced in PG medical courses of the state.

Meanwhile, in a major development in the implementation of EWS quota and the corresponding increase in MBBS seats, the reservation for Economically Weaker Sections (EWS) will be applicable to NEET 2019, confirms a recent communique by the Ministry of Health and Family Welfare (MoHFW) to the National Testing Agency (NTA).

Earlier, to implement EWS quota, the Medical institutions had been directed to increase 10 per cent MBBS seats at their institutes so the other categories won’t get affected.

Read Also: NEET 2019 Breaking News: EWS Quota Implemented; 10 percent more MBBS seats at Medical Colleges

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Source: with inputs

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