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Supreme court rejects Maratha Quota, Previous round counselling cancelled, new merit list released

Supreme court rejects Maratha Quota, Previous round counselling cancelled, new merit list released

New Delhi: The Supreme Court, passing its verfict on the matter of merit vs Maratha quota; has upheld the Bombay High Court order ruling the Socially and Economically Backward Classes (SEBC) quota inapplicable for this year’s PG Medical Admissions.

In this way, with the apex court scrapping the plea filed by the Maharashtra government against the HC order, the PG medical counselling in the state done through Rounds 1 and 2 of NEET PG and NEET MDS have been cancelled.

The confirmation to this effect comes via a recent Admissions Cancellation Notice uploaded on the State Common Entrance Test Cell (Maha CET Cell) which clearly states:

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“In view of the directions by Hon’ble Supreme Court, New Delhi in S.L.P (C) No. 011813-15/2019 in Writ Petition No. 2790 of 2019 and other connected Petitions at Hon’ble Bombay High Court, Nagpur Bench, the admissions done during previous Rounds I and II of NEET-PG-2019 & NEET-MDS-2019 are stands Cancelled. The admissions to postgraduate courses to State Quota seats of the Government / Corporation / Central Government / Government Aided / Private Unaided & Minority Medical/Dental institutes shall be revised in due course.

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The admitted candidates can collect their Original Documents and paid requisite Fees from there admitted institute. The concern institutes should return all the Original Documents and fees to the candidates without fail. All concern candidates/ institutes take note of this.”

While this SC order has been a major blow to the Maharashtra government and SEBC quota candidates who had already taken admission on the basis of the Maratha quota while cancelling their seats that they had acquired via All India Quota counselling; the open category (meritorious) PG medical aspirants are clearly delighted.

On May 4, the division bench of honourable Justices Sunil Shukre and Pushpa Ganediwala ruled in their order that the March 8 notification about the implementation of the new 16 per cent reservation for the Maratha community, under the SEBC quota; shall not be applicable to the PG medical admission process, which had started earlier.

In response to the HC order, the state had moved the SC seeking an ex-parte stay on the High Court’s judgment and leave to file an appeal against the said judgment.

Read Also: Maratha quota in PG medical admissions: State government moves Supreme court

In its petition, the state argued that the High Court did not consider that the case in hand relates only to the state quota of 50 per cent seats. ”If plain meaning is given to the applicability of SEBC Act, 2018, it becomes clear that its provisions are applicable to the National Eligibility cum Entrance Test postgraduate (NEET-PG) and National Eligibility cum Entrance Test for Master of Dental Surgery (NEET-MDS) courses in view of the publication of the notice dated February 20, 2019. The High Court should have considered enactment in the light of its object,” stated the government.

During the recent hearing on the case before the apex court, the counsels for the 13 students who filed the original petitions against the quota in the HC, contended against implementing the SEBC reservation for PG medical and dental courses this year. “The students didn’t get the subjects and colleges of their choice because seats were reserved under SEBC,” they pointed out.

As mentioned in a report by TOI, the SC bench of honourable Justices Nageswara Rao and MR Shah felt that since the admission process had already begun last year the HC order was right.

“Section 16 (2) of the SEBC Act bars the grant of reservation if the process of entrance test had already started before the Act came into force. State counsel Mukul Rohatgi said that the students who had been given seats under the SEBC quota were allotted admissions also under the all India quota. They had left their allotments under the All India and come to Maharashtra hence they would stand to lose.”

The Supreme Court has extended the deadline for admissions from May 18 to May 25, reports HT.

State’s other counsel Nishant Katneshwarkar later when asked by the SC bench said that the state’s quota came into picture in February after the publication of brochure and hence the notification to include Maratha reservation for PG medical admissions is valid. Katneshwarkar sought an extension of time to re-do the seat allocations as directed by the HC. He sought time till May 31. The SC, however, gave the state time till May 25. The last round for admissions was to close on May 18, now it will close on May 25.

Medical Dialogues had been extensively reporting about the reservation issues in the state.

  • On November 30 last year, the Maharashtra Legislature had passed a bill proposing 16 per cent reservation in education and government jobs for the Marathas, declared SEBC by the government and hence it decided to grant them the reservation.
  • As of now, in Maharashtra, 50 % of medical seats in government-run medical colleges are for reserved category (SC/ST/OBC/ VJNT). Out of the other 50% which is known as the open category; 14% of seats go to Persons with Disability (PwD), defence and other quotas. There is also a special quota (depending on eligible candidates) for students from the reserved categories who are eligible for an open quota seat based on their scores, ranging from 3%-5%.
  • In addition, 10% has been fixed for medical students belonging to Economically Weaker Section (EWS) quota.
  • Further, the implementation of 16% Maratha quota was done which left a meagre 5 % for candidates vying medical admission on merit basis.

Read Also: Where is the Merit in PG Medical Admissions? With Maratha quota in place, Medicos to again approach HC

View the respective revised lists of PG medical, dental seats’ positions below:

NEET PG 2019


Source: with inputs
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