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SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, Surya Kant, JJ.
Rajni Shende – Appellant
Versus
The State of Madhya Pradesh & Ors. – Respondents
Petition(s) for Special Leave to Appeal (C) No. 6189 of 2022
Decided On : 11-04-2022
In-service Candidate - Medical Officer - Reservation of Seats
Fact of the Case:
The petitioner, an in-service candidate, sought reservation of seats for pursuing an MS degree course in Obstetrics and Gynecology in Madhya Pradesh. Interim orders were passed during the pendency of the writ proceedings, and a vacancy was identified at GMC, Bhopal.
Finding of the Court:
The court issued notice and directed that one seat in MS Obstetrics and Gynecology in GMC, Bhopal be kept vacant until the next date of listing to abide by the final directions of the Court.
Issues: Reservation of seats for in-service candidates, fulfillment of requirements, and interim orders during pendency of writ proceedings.
Ratio Decidendi: The court's decision was influenced by the petitioner's fulfillment of requirements for reserved seats and the identification of a vacant seat at GMC, Bhopal during the proceedings.
Final Decision: The court directed that one seat in MS Obstetrics and Gynecology in GMC, Bhopal be kept vacant until the next date of listing to abide by the final directions of the Court.
ORDER
1. The petitioner is an in-service candidate who has submitted that she has served in the interior areas of the State of Madhya Pradesh during the course of her posting as a Medical Officer and fulfills all requirements for the reserved seats for in-service candidates. .
2. During the pendency of the writ proceedings before the High Court, interim orders were passed on 23 February 2022 (Annexure P-15) and 7 March 2022 (Annexure P-17). The order dated 7 March 2022 records that the petitioner had expressed an interest in pursuing the MS degree course in Obstetrics and Gynecology in MGM, Indore and GMC, Bhopal.
3. Counsel for the petitioner submits that the seat at MGM, Indore has been filled up, but the vacancy chart which has been put up as on 23 March 2022 (tendered by the counsel during the course of the proceedings) indicates that one seat is vacant at GMC, Bhopal in the subject of preference noted above.
4. Issue notice, returnable on 18 April 2022.
5. Liberty to serve the Standing Counsel for the State of Madhya Pradesh, in addition.
6. Till the next date of listing one seat in MS Obstetrics and Gynecology in GMC, Bhopal shall be kept vacant to abide by the final directions of this Court.
Reservation of seats for in-service candidates and the court's authority to issue interim orders during the pendency of writ proceedings.
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 broch....
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