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2022 Supreme(Ker) 250

N.NAGARESH
Jibin C. P. – Appellant
Versus
State Of Kerala Represented By Secretary to Government, Department Of Health And Family Welfare – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kaleeswaram Raj, Varun C.Vijay, Thulasi K. Raj, Advs.
For the Respondent: Sri. P.G. Pramod, Government Pleader

JUDGMENT :

The petitioners, who are working as Assistant Surgeons in Government Primary/Community Health Centers, are before this Court seeking to quash Clause 6-6-11 and Clause 6-6-12 of Ext.P9 Prospectus for admission to Medical Postgraduate Degree Courses 2021-2022 and to declare that Ext.P9 Prospectus to the extent to which it does not prescribe 50% reservation for candidates who have served in rural/difficult rural areas as bad in law and unsustainable.

2. The petitioners aspire to study the Medical PG Course of Doctor of Medicine (MD). The 1st petitioner is working in a Difficult Rural Area and the 2nd petitioner in a Rural Area. They appeared in the National Eligibility cum Entrance Test (NEET) PG 2021 and secured All India Rank 40151 and 22849 respectively. The petitioners applied for PG Medical 2021 for the State Quota seats.

3. As per Clause 6-6-11 of Ext.P9 Prospectus, 10% of State Quota seats is earmarked for Government Service Quota candidates. The petitioners state that Ext.P14 G.O. does not give any split up of seats within the service quota. Ext.P9, however, splits up the service quota among three different services. Splitting up of in-service quota seats has an advers

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