Back
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Akash Doley S/o Kujendra Doley – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. K.N.Choudhury, learned Senior Counsel assisted by Mr. J.Patowary, learned counsel for the petitioners in WP(C) No.6640/2024. Also heard Mr. B.D.Konwar, learned Senior Counsel assisted by Ms. J.M.Konwar , learned counsel for the petitioners in WP(C) No. 6812/2024. Mr. B.Gogoi, learned Standing Counsel appears for the Health Department, Government of Assam, while Mr. D.K.Baidya, learned Standing Counsel appears for the National Medical Commission (NMC).
2. The grievance of the petitioners in WP(C) No.6640/2024, who are unreserved category MBBS degree holders is that the implementation of the 10% reservation quota for the Economically Weaker Section (EWS), required a corresponding 25% increase in the total seats for admission into the Post- Graduate courses in the Medical Colleges of Assam for the year 2024. However, the State respondents did not make any corresponding 25% increase in the Post-Graduate seats, while implementing 10% reservation for the EWS in the first round of counselling which was held on 18.11.2024.
3. The increase of seats by 25% was done only in the 2nd round of counselling, on the ord
The Court affirmed that the implementation of EWS reservation requires a 25% increase in total seats, mandating fair allocation as per the Reservation Policy.
The central legal point established in the judgment is the mandatory implementation of the EWS reservation policy as per the constitutional mandate provided under Article 15(6) and Article 16(6) of t....
The allocation of reserved seats must follow institutional policies ensuring compliance with relevant laws, without arbitrary conversion of categories.
The Supreme Court emphasized the importance of timely adherence to admission schedules, ensuring merit-based filling of medical seats under the all-India quota.
Admissions to Post Graduate courses must recognize prior rural service of candidates despite changes in area categorization, ensuring compliance with constitutional principles of equality.
The New Regulation PGMER 2023 permits seat sharing for reservation policies, overriding previous regulations, and minority institutions cannot claim all seats as All India Management Quota.
The court confirmed that state reservation policies may apply to AIQ seats for medical admissions, but it ruled that any excess reservations beyond established limits require the Supreme Court's appr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
