1. Dispute over allotment of MBBS seats under government school quota — denial of unreserved seats to meritorious reserved category candidates — challenge to sub-classification of horizontal reservation. (Para 2 )
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2024 Supreme(SC) 672
SUPREME COURT OF INDIA
B.R. GAVAI, K.V. VISWANATHAN, JJ.
Ramnaresh @ Rinku Kushwah and Others – Appellants
Versus
State of Madhya Pradesh and Others – Respondents
Civil Appeal No.of 2024, Arising Out of SLP (C) No. 2111 of 2024, Arising Out of SLP (C) Nos. 2311-2312 of 2024, Arising Out of SLP (C) No. 2285 of 2024
Decided On : 20-08-2024
Important Points
IMPORTANT POINT
Reservation – A candidate belonging to any of vertical reservation categories who on the basis of his own merit is entitled to be selected in open or general category, will be selected against general category and his selection would not be counted against quota reserved for such vertical reservation categories.
Reservation – A candidate belonging to any of vertical reservation categories who on the basis of his own merit is entitled to be selected in open or general category, will be selected against general category and his selection would not be counted against quota reserved for such vertical reservation categories.
Subject
Education Law - Admission and Reservation
Act Referred
Madhya Pradesh Education Admission Rules: R.2(l), R.2(u), R.4(2), R.2(g)
Headnote
Education – Reservation – MBBS Course – A candidate belonging to any of vertical reservation categories who on the basis of his own merit is entitled to be selected in open or general category, will be selected against general category and his selection would not be counted against quota reserved for such vertical reservation categories – Horizontal as well as vertical reservation would not be seen as rigid “slots”, where a candidate's merit, which otherwise entitles her or him to be shown in open general category, is foreclosed – Open category is open to all and only condition for a candidate to be shown in it is merit, regardless of whether reservation benefit of either type is available to her or him – Categories in horizontal reservation and restricting migration of meritorious reserved category candidates to unreserved seats is totally unsustainable – Appellants who were meritorious and who could have been admitted against UR-GS category were denied admission on account of an erroneous application of methodology in applying horizontal and vertical reservation – It will be appropriate to issue directions to respondents to admit appellants in next Academic Session 2024-25 against UR-GS seats. (Paras 10, 12, 14, 16, 20 and 21)
Facts of the case:
Present appeals challenge the judgments and orders dated 22nd December 2023 and 12th January 2024 passed by the High Court of Madhya Pradesh at Gwalior in Writ Petition Nos. 23998 and 23437 of 2023, and 23060 of 2023 respectively. By said writ petitions, writ petitioners (appellants herein) had challenged decision of the Respondent-Department of Medical Education of not allotting MBBS Unreserved (UR) Category Government School (GS) quota seats to meritorious reserved candidates, who had passed from Government Schools. Appellants had also prayed for a direction to Respondent-Department to allot MBBS seats of Unreserved Category Government School quota to the appellants.
Findings of Court:
Impugned judgments and orders dated 22nd December 2023 and 12th January 2024 passed by High Court of Madhya Pradesh at Gwalior in Writ Petition Nos. 23998 and 23437 of 2023 and 23060 of 2023 respectively quashed and set aside.
Result : Appeals allowed.
Legal Category Hierarchy
Table of Contents
2. Appellants contend meritorious reserved candidates should be admitted against unreserved horizontal seats — Respondents argue horizontal reservation permits rigid sub-classification preventing migration to unreserved categories. (Para 6 , 7 , 9 )
3. The court found the compartmentalization of horizontal reservation unsustainable as it negates merit by confining candidates to rigid slots instead of allowing migration to unreserved categories. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 )
4. Meritorious reserved category candidates entitled to the general category on their own merit must be allotted seats from the unreserved category of a horizontal reservation. (Para 11 , 12 , 13 , 14 , 16 )
5. Appeals allowed — High Court orders set aside — respondents directed to admit appellants in the subsequent academic session against unreserved government school quota seats. (Para 20 , 21 )
6. Does the principle that meritorious reserved candidates are admitted against general category seats apply to horizontal reservations?
Yes. The court held that the principle applies to both vertical and horizontal reservations. A meritorious reserved category candidate entitled to the general category on their own merit must be allotted a seat from the unreserved category of the horizontal reservation and not be counted against the reserved quota. (Para 11 , 12 , 16 )
7. Can the state treat horizontal reservation categories as rigid slots that foreclose a candidate's merit?
No. Reservations are methods of ensuring representation and should not be seen as rigid slots. Confining social categories within the extent of their reservation results in communal reservation and negates merit, as the open category is open to all based on merit regardless of reservation benefits. (Para 13 , 14 )
8. What remedy is available when a meritorious student is illegally denied medical admission and the academic session is already complete?
The court can mould the relief by directing admission in the next academic year, potentially increasing the number of seats or reducing management quota seats to accommodate the aggrieved student, provided the student approached the court expeditiously. (Para 19 , 20 )
JUDGMENT :
B.R. GAVAI, J.
1. Leave granted.
2. The present appeals challenge the judgments and orders dated 22nd December 2023 and 12th January 2024 passed by the High Court of Madhya Pradesh at Gwalior in Writ Petition Nos. 23998 and 23437 of 2023, and 23060 of 2023 respectively. By the said writ petitions, the writ petitioners (appellants herein) had challenged the decision of the Respondent-Department of Medical Education of not allotting MBBS Unreserved (UR) Category Government School (GS) quota seats to the meritorious reserved candidates, who had passed from the Government Schools. The appellants had also prayed for a direction to the Respondent-Department to allot the MBBS seats of Unreserved Category Government School quota to the appellants.
3. Writ petitioners in Writ Petition No. 23060 of 2023 before the High Court have approached this Court by way of appeals arising out of Special Leave Petition (SLP) (Civil) Nos. 2111 and 2285 of 2024, and writ petitioners in Writ Petition Nos. 23437 and 23998 of 2023 have approached this Court by way of appeals arising out of SLP (C) Nos. 2311-2312 of 2024.
4. Since the facts giving rise to the present appeals as given below are identical and same, the said appeals are decided by the common judgment and order.
4.1 On 19th June 2019, the amendment by the State Government to the Madhya Pradesh Education Admission Rules , 2018 (hereinafter referred to as the “Admission Rules, 2018”) were notified. In place of sub-rules (l) and (u) of rule 2 and sub-rule (2) of rule 4, new sub-rules were established that defined “category” and the method to fill vacancies for category wise reservation was established.
4.2 On 7th May 2023, the NEET (UG) Examination was conducted in which the appellants had participated in.
4.3 On 10th May 2023, the State of Madhya Pradesh notified another amendment in the Admission Rules, 2018. Sub-Rule (f) and (b) were added to Rule 2 that defined “Government School” and the students who could fall under the category of “Government School Students.” A new table in existing clause (b) of Schedule-2 detailing the quantum of reservations was added in which 5% of the total seats were reserved for government school students.
4.4 Subsequently, the results of NEET (UG) were declared on 13th June 2023. Then, on 25th July 2023, an advisory was issued notifying that the Admission Rules, 2018 and the amendment thereto dated 10th May 2023 would apply to the counselling process.
4.5 A chart showing the names of the appellants, marks obtained by them in NEET UG - 2023, their categories and their details in the appeals, are as under:
| S. No. | Name of Appellant | Marks obtained in NEET UG - 2023 | Category | Party Details |
| 1. | Ramnaresh Kushwaha | 412 | OBC | P1 in SLP (C) No. 2111/2024 |
| 2. | Sachin Baghel | 390 | OBC | P2 in SLP (C) No. 2111/2024 |
| 3. | Tapsya Kutwariya | 244 | SC | P3 in SLP (C) No. 2111/2024 |
| 4. | Tasmiya Khan | 409 | OBC | P in SLP (C) No. 2311/2024 |
| 5. | Muskan Hidau | 395 | OBC | P in SLP (C) No. 2312/2024 |
| 6. | Deepak Jatav | 305 | SC | P1 in SLP (C) No. 2285/2024 |
| 7. | Vikash Singh | 297 | EWS | P2 in SLP (C) No. 2285/2024 |
4.6 Thereafter, on 22nd August 2023, the State/Respondents issued the seat wise distribution of medical colleges at the end of the 2nd round of counselling. Since several seats remained vacant according to Rule 2 (g) of the Admission Rules, 2018, the vacancies were transferred from one category to other categories. In the instant case, out of 89 unreserved seats for Government School students, 77 were sent to the open category.
4.7 Being aggrieved by the fact that the vacant seats were going to be released to the unreserved category, the aforesaid writ petitions were filed by the appellants before the High Court, where it was prayed that the meritorious students of reserved category who have studied in Government Schools must be allotted MBBS seats of unreserved category government school
