1. Reservation of seats for in-service candidates in post-graduate medical degree courses — Challenge to Government Resolution issued during the admission process. (Para 3 , 5 , 6 , 11 , 12 )
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2022 Supreme(SC) 1101
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, HIMA KOHLI, JJ.
Nipun Tawari and Others – Appellants
Versus
The State of Maharashtra and Others – Respondents
Civil Appeal No 7778 of 2022
Decided On : 20-10-2022
Important Points
The Government Resolution dated 26 September 2022 providing for a reservation of 20% for in-service candidates was held to be applicable for the current academic year and in consonance with the brochure issued by the Government of Maharashtra.
Subject
Reservation Law - In-service Reservation in Post Graduate Medical Degree Courses
Act Referred
MCI Regulations: Reg.9
Post Graduate Medical Regulation: Cl.9(iv), Cl.9(vii)
Post Graduate Medical Regulation: Cl.9(iv), Cl.9(vii)
Headnote
reservation - post graduate medical degree courses - Regulations 9(IV) and (VII) of Post Graduate Medical Regulations 2000, Government Resolution dated 26 September 2022 - The court discussed the reservation of 20% seats for in-service candidates in post graduate medical degree courses by the State of Maharashtra. The judgment provides a concise summary of the acts and sections referenced and discussed by the court, highlighting key legal provisions, their interpretations, and how they influenced the court's decision.
Fact of the Case:
The issue pertains to the reservation of 20% seats for in-service candidates in post graduate medical degree courses by the State of Maharashtra. The Government of Maharashtra issued a notice setting out the schedule for conducting admissions for post graduate medical courses. The Government Resolution dated 26 September 2022 provided for in-service reservation to the extent of 20% seats in post graduate medical degree courses for officers serving in government hospitals.
Finding of the Court:
The High Court dismissed the Writ Petition by its impugned judgment dated 14 October 2022. The court held that the Government Resolution dated 26 September 2022 did not change the rules of the game after the admission process had commenced and was in consonance with the brochure issued by the Government of Maharashtra.
Issues: The principal issue before the court was whether the Government Resolution dated 26 September 2022 would have to be held not to apply to the current academic year on the ground that there is a change in the rules governing admission after the admissions process has commenced.
Ratio Decidendi: The court held that the Government Resolution dated 26 September 2022 did not change the rules of the game after the admission process had commenced and was in consonance with the brochure issued by the Government of Maharashtra. The court also noted that the brochure envisages that there may be a change in the reservation policy for in-service candidates and accounts for the same.
Final Decision: The appeal was dismissed and pending applications, if any, stand disposed of.
Legal Category Hierarchy
Advocates appeared:
For the Petitioner(s): Mr. Anand Grover, Sr. Adv. Mr. Madhav Bhatia, Adv. Mr. Ashish Choudhary, Adv. Mr. Aditya Pandey, Adv. Mr. Yogesh Sharma, Adv. Mr. Rohit Amit Sthalekar, AOR
For the Respondent(s): Mr. Sanjay R Hegde, Sr. Adv. Mr. Govind Jee, AOR Mr. Omanakuttan KK, Adv.
For the Petitioner(s): Mr. Anand Grover, Sr. Adv. Mr. Madhav Bhatia, Adv. Mr. Ashish Choudhary, Adv. Mr. Aditya Pandey, Adv. Mr. Yogesh Sharma, Adv. Mr. Rohit Amit Sthalekar, AOR
For the Respondent(s): Mr. Sanjay R Hegde, Sr. Adv. Mr. Govind Jee, AOR Mr. Omanakuttan KK, Adv.
Table of Contents
2. Whether introducing a reservation quota via Government Resolution after the admission process commenced constitutes an impermissible change in the rules of the game midstream. (Para 17 , 18 )
3. The admission brochure explicitly provided for changes in in-service reservation policies, distinguishing the case from those where brochures specifically prohibited such reservations. (Para 26 , 28 , 30 , 31 , 33 )
4. A modification in reservation policy does not change the rules of the game midstream if the governing brochure explicitly envisages such changes. (Para 33 , 34 )
5. Appeal dismissed and the judgment of the High Court upheld. (Para 37 , 38 )
6. Does introducing a reservation quota after the admission process has started always constitute a change in the rules of the game midstream?
No. If the admission brochure explicitly states that reservation policies may be modified by the government from time to time, a subsequent resolution modifying such reservation is considered in consonance with the brochure and not an impermissible change midstream. (Para 33 , 34 )
7. How does the court distinguish between a permissible and impermissible change in admission rules midstream?
A change is impermissible if the initial bulletin specifically prohibits reservations or creates a fixed expectation. It is permissible if the bulletin explicitly notifies candidates that details regarding reservation will be notified later or are subject to government changes. (Para 26 , 33 )
8. What is the legal standing of states to provide in-service quotas for post-graduate medical degrees?
States have the legislative competence and authority to provide a separate source of entry for in-service candidates to upgrade qualifications, provided the policy requires such doctors to serve in rural, tribal, or hilly areas post-degree. (Para 21 , 22 )
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, J.
1. Leave granted.
2. This appeal arises from a judgment dated 14 October 2022 of a Division Bench of the High Court of Judicature at Bombay.
3. The issue pertains to the reservation of 20% seats for in-service candidates in post graduate medical degree courses by the State of Maharashtra.
4. On 15 January 2022, the National Board of Examinations released its information bulletin for the NEET PG-2022 examination. The last date for registration for the entrance test was 25 March 2022. The examination was held on 21 May 2022. Results were declared on 1 June 2022.
5. On 21 September 2022, the Government of Maharashtra issued a notice setting out the schedule for conducting admissions for post graduate medical courses. The schedule is extracted below:
| S. No. | Activity | Dates | Days |
| 1. | Publication of Information Brochure for NEET PG-2022 | 21.09.2022 | |
| 2. | Online Registration NEET PG (MD/MS/Diploma) | 21.09.2022 after 05.00 p.m. to 26.09.2022 upto 05.00 p.m. | 6 days |
| 3. | Payment of Registration Fees (Non Refundable - Rs. 3,000/-) and Security Deposit (as applicable) through online payment gateway | 21.09.2022 to 26.09.2022 upto 11.59 p.m. | 6 days |
| 4. | Uploading of all required Colored Scan Original Documents in pdf after successful Payment | 21.09.2022 to 26.09.2022 upto 11.59 p.m. | 6 days |
| 5. | Publication of General List of Registered Candidates (Including In-service, NRI, PWD) | 27.09.2022 after 05.00 p.m. | |
| 6. | Publication of Common Provisional State Merit List of NEET-PG-2022 | 28.09.2022 after 05.00 p.m. | |
| 7. | Publication of Seat Matrix | 28.09.2022 after 12.00 p.m. | |
| 8. | Online Preference/Choice Form Filling Process of eligible candidates | 28.09.2022 to 02.10.2022 upto 05.00 p.m. | 5 days |
| 9. | Declaration of First Selection List | 03.10.2022 after 08.00 p.m. | |
| 10. | Physical Joining and Filling of Status Retention form with All Original Documents and Requisite Fees by DD/Cheque | 04.10.2022 to 08.10.2022 upto 5:30 p.m. | 5 days |
| The Window for Online Registration/Application Form Will be CLOSED on 26.09.2022 | |||
| (upto 05.00 pm Server Time) | |||
| NO OFFLINE Application Form will be accepted for the further CAP of admission | |||
6. On 21 September 2022, the Government of Maharashtra (through its CET Cell) issued a brochure for admissions. Clause 7.2 provides as follows:
“7.2 The seats available for admission to medical postgraduate courses will be distributed as 50% to All India Quota and remaining 50% to the State Quota. From the State quota, 50% of Seats in post graduate diploma courses from State Government/Corporation Medical Colleges will be reserved for in-service candidates in the State Government services, who have served for at least 3 years in remote and/or difficult areas. For In-service quota reservation, any change made by Government from time to time will be applicable. The additional weightage for In-service candidates will be given as per clause 9 (IV) and (VII) of Post Graduate Medical Regulation 2000 of NMC/erstwhile MCI and as per Public Health Department Government Resolution No. MMO-2019/CR/165/Service-3, dated 19th March 2019 and G.R issued in this regard form time to time. 5% of available seats in Postgraduate courses in Government and Government Aided institutions will be reserved for Person with Disability (PWD) candidates as per Annexure “D.” 1% of available postgraduate seats are reserved for Orphan category candidate. There will be constitutional reservation applicable in Available State quota seats, (after excluding All India Quota) as mentioned in Annexure “C.” The parallel (Horizontal) reservation will be applicable for In-service quota seats, PWD quota seats and Orphan quota seats in Government and Government Aided institutions.”
7. Clause 7.2 indicates that 50% of the seats in post graduate diploma courses in medical colle
