A bench of Justices DY Chandrachur, Vikram Nath and Hima Kohli issued notices to the Center and the Medical Counseling Committee on the application and tagged them on a pending matter.
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Senior Advocate Arvind P Datar, appearing for petitioner Neil Aurelio Nunes and others, said the decision was against the Madras High Court order as it raises the question of whether horizontal or vertical reservations should be made. The bench said it would issue a notice and tag the matter.
Senior Advocate Bikash Singh, appearing for another petitioner Yash Tekwani and others, said that in the previous judgment, the apex court had said that there would be no reservation in higher degree courses.
The bench told him that it was already issuing notices on the matter and was seeking a reply from the respondents within two weeks.
Singh said the Centre’s decision would affect the National Eligibility Cum Entrance Test (NEET).
Tekwani and others said in the application that they are doctors who have a recognized degree of Bachelor of Medicine and Bachelor of Surgery (MBBS) from any university or institute in India and are registered with the State Medical Council.
The petition filed through Advocate Tanvi Dubey states that the applicants have received temporary / permanent registration and are interested in NEET-PG 2021, which is proposed to be conducted on 11 September.
“The petitioners have filed the present writ petition under Article 32 of the Constitution of India to bring to the notice of this Constitution the serious and fatal problems of thousands of students across the country in the wake of the July 29 notice. Respondent No. 1 (Medical Counseling Committee (MCC)) ”, the application said.
The petition said that the applicants and similarly affected candidates were shocked to see that MCC had decided to implement 27 per cent OBC reservation and 10 per cent EWS reservation in 15 per cent UG and 50 per cent PG All India quota seats (MBBS / BDS and MD / MS) through blockade notice. / MDS) effective from the current academic year 2021-22.
The petitioners sought revocation of the July 29 notice issued by the MCC, which provided for the implementation of the reservation criteria set from the current academic year 2021-22.
They also sought guidance from the MCC on the reservation policy in addition to the NEET-PG 2021 given under the notice for this academic year.
They said that as per the reservation policy, 15 per cent UG and 50 per cent PG seats would be reserved in All India quota seats – SC – 15 per cent, ST – 7.5 per cent, OBC (non-creamy layer) as per Central OBC list – 27 per cent, economically weaker. Division- 10 per cent as per the rules of the Central Government and 5 per cent for the disabled as per the rules of horizontal reservation.
July 29, Center Undergraduate and Postgraduate Medical / Dental Courses (MBBS / MD / MS / Diploma / BDS / MDS).
The MCC notice was also issued on July 2, giving effect to 15 per cent UG and 50 per cent PG All India quota seats (MBBS / BDS and MD / MS / MDS) from the current academic year 2021-22.
The petitioner said, “It is being submitted very politely that the application for reservation for the academic year 2021-22 is arbitrary and unreasonable.
“It is very politely submitted that the registration process for registration in NEET-PG has started from February 23, 2021 and the registration window for NEET PG-2021 has closed on March 15, 2021. NEET PG-2021 was supposed to be organized before. The April 1, 2021 and Covid-1 cases were postponed due to the emergence of cases and therefore the decision to implement a reservation policy for this academic year is a perfect one, ”they said. They submitted that the July 1 notice would also be grossly unfair to applicants and similarly established students who were not aware of the current reservation policy at the time of registration for the exam. .
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