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RAJASTHAN HIGH COURT (JAIPUR BENCH)
Sanjeev Prakash Sharma, J.
Karmendra Singh Kushwaha - Appellant
Versus
State of Rajasthan - Respondent
Civil Writ Petition No. 5468 of 2020, 5482 of 2020, 5495 of 2020
Decided On : 15-06-2020
NEET-PG - EWS RESERVATION - ADDITIONAL SEATS - INCLUSION IN COUNSELLING - MCI LETTER - STATE GOVERNMENT INSTRUCTIONS - ROSTER - ADMISSIONS - CANCELLATION - FRESH COUNSELLING - DIRECTIONS: 1. EWS reservation can be provided only against increased seats and the existing general quota seats cannot be reduced to give reservation to EWS. 2. The State Government was entitled to have its reservation policy but it could not have deviated form the guidelines laid down by the MCI in view of the medical education falling in Entry 66 of the Union List. 3. The reservation for EWS candidates has been provided in terms of Article 15(6) of the Constitution of India in the Medical Institutes and the MCI for the purpose of implementation it had issued a letter on 27/02/2020. 4. The State Government cannot be allowed to depart from the instructions issued by the MCI and it was required to fill up all 89 seats in the State quota and for 50% seats allotted to the All India Quota was not warranted. 5. The first round of counselling conducted for State Quota PG Seats and the allotment of seats made therein are quashed and cancelled. 6. The State Government shall conduct a fresh round of counselling for admisison to PG seats by including the additional seats allotted for implementation of EWS quota as per the MCI letter dated 27/02/2020. 7. The State Government shall be free to fill EWS 10% quota by applying plain roster of 10%. The roster of direct recruitment shall not be applicable for the said purpose. 8. The admissions given in the first round of counselling would be treated as cancelled. However, if in the second round of counselling, the students are allotted the same College, their admission shall be accordingly made.
Fact of the Case:
The petitioners challenged the action of the State Government in not including the additional seats which were provided by the MCI for implementation of 10% EWS quota and submitted that on account of not including the said seats in the first round of counselling, serious prejudice has been caused to the candidates of general category who were meritorious and would have been provided the Colleges and faculties of their choice and would have been placed accordingly but instead, in the first round of counselling, the candidates, who were lesser in merit and belonging to EWS quota, have been allotted seats more than the number of seats which were available for them.
Finding of the Court:
1. The State Government had full knowledge of additional seats having been allotted to it by the MCI vide its letter dated 27/02/2020. 2. The first round of counselling was wrongly conducted by applying the direct recruitment roster without any authority. 3. The State Government is not expected to take umbrage by taking a specious plea that all the students have not approached the Court. 4. The present writ petitions which have been filed are in representative capacity and represent the grievances of all the students who have participated in the process. 5. The total number of EWS category candidates, who get admitted, could not be more than 89. 6. The total number of seats to implement 10% quota were recognized to be 145 as per MCI for State of Rajasthan. However, on account of the infrastructure not being available, only 89 seats were increased. 7. The first round of counselling was conducted wrongfully and illegality cannot be perpetuated and the same is liable to be set aside.
Issues: 1. Whether EWS reservation can be provided only against increased seats and the existing general quota seats cannot be reduced to give reservation to EWS? 2. Whether the State Government was entitled to have its reservation policy but it could not have deviated form the guidelines laid down by the MCI in view of the medical education falling in Entry 66 of the Union List? 3. Whether the reservation for EWS candidates has been provided in terms of Article 15(6) of the Constitution of India in the Medical Institutes and the MCI for the purpose of implementation it had issued a letter on 27/02/2020? 4. Whether the State Government cannot be allowed to depart from the instructions issued by the MCI and it was required to fill up all 89 seats in the State quota and for 50% seats allotted to the All India Quota was not warranted? 5. Whether the first round of counselling conducted for State Quota PG Seats and the allotment of seats made therein are quashed and cancelled? 6. Whether the State Government shall conduct a fresh round of counselling for admisison to PG seats by including the additional seats allotted for implementation of EWS quota as per the MCI letter dated 27/02/2020? 7. Whether the State Government shall be free to fill EWS 10% quota by applying plain roster of 10%? Whether the roster of direct recruitment shall not be applicable for the said purpose? 8. Whether the admissions given in the first round of counselling would be treated as cancelled. However, if in the second round of counselling, the students are allotted the same College, their admission shall be accordingly made?
Ratio Decidendi: 1. EWS reservation can be provided only against increased seats and the existing general quota seats cannot be reduced to give reservation to EWS. 2. The State Government was entitled to have its reservation policy but it could not have deviated form the guidelines laid down by the MCI in view of the medical education falling in Entry 66 of the Union List. 3. The reservation for EWS candidates has been provided in terms of Article 15(6) of the Constitution of India in the Medical Institutes and the MCI for the purpose of implementation it had issued a letter on 27/02/2020. 4. The State Government cannot be allowed to depart from the instructions issued by the MCI and it was required to fill up all 89 seats in the State quota and for 50% seats allotted to the All India Quota was not warranted. 5. The first round of counselling conducted for State Quota PG Seats and the allotment of seats made therein are quashed and cancelled. 6. The State Government shall conduct a fresh round of counselling for admisison to PG seats by including the additional seats allotted for implementation of EWS quota as per the MCI letter dated 27/02/2020. 7. The State Government shall be free to fill EWS 10% quota by applying plain roster of 10%. The roster of direct recruitment shall not be applicable for the said purpose. 8. The admissions given in the first round of counselling would be treated as cancelled. However, if in the second round of counselling, the students are allotted the same College, their admission shall be accordingly made.
Final Decision: 1. The first round of counselling conducted for State Quota PG Seats and the allotment of seats made therein are quashed and cancelled. 2. The State Government shall conduct a fresh round of counselling for admisison to PG seats by including the additional seats allotted for implementation of EWS quota as per the MCI letter dated 27/02/2020. 3. The State Government shall be free to fill EWS 10% quota by applying plain roster of 10%. The roster of direct recruitment shall not be applicable for the said purpose. 4. The admissions given in the first round of counselling would be treated as cancelled. However, if in the second round of counselling, the students are allotted the same College, their admission shall be accordingly made.
JUDGMENT
Sanjeev Prakash Sharma, J. - Since common question of law has been raised in all these three writ petitions, the same therefore have been heard jointly.
2. In SB Civil Writ Petition No.5468/2020 filed on 24/04/2020, the petitioners have made following prayers:-
" (i) To pass any writ order or direction whereby in National Eligibility cum Entrance Test (PG) 2020, for admissions into MD/Ms and Post Graduate Diploma Courses, 2020, respondents be directed to provide 10% EWS reservation on increased seats only, with all consequential benefits in favour of Petitioners.
(ii) To pass any writ order or direction whereby in National Eligibility cum Entrance Test (PG) 2020, for admissions into MD/MS and Post Graduate Diploma Courses, 2020, respondents be directed to provide additional 92 seats, as reflected in MCI letter dated 27.2.2020, with all consequential benefits in favour of Petitioners.
(iii) To pass any writ order or direction, whereby the Seat Matrix dated 18.4.2020 be quashed and set aside and Respondents be directed to provide additional 92 seats and consequent thereto afresh counseling be undertaken, along with all consequences.
(iv) To pass any writ order or Direction, whereby respondents be directed to conduct/re-conduct their respective counseling for admission into MD/MS and Post Graduate Diploma Courses, 2020, in terms of other prayers, with all consequences.
(v) To pass any writ, order or Direction, whereby Petitioners be provided opportunity of counseling on increased seats, correspondingly generated for non-EWS members, due to additional seats being reserved for 10% EWS seats, after publication of revised cut-offs and with all consequential benefits.
(vi) To pass any writ order or direction, whereby if during pendency of the Writ Petition the respondents proceeds with the counseling and declaration of its result, than same be taken on record and accordingly be quashed and set aside.
(vii) Any other appropriate writ, order or direction which the Hon'ble High Court may consider just and proper in the facts and circumstances of the case, may also kindly be passed.
(viii) Cost of the writ petition may kindly be awarded to the petitioner."
3. In SB Civil Writ Petition No.5482/2020 filed on 02/05/2020, the petitioners have prayed following prayers:-
"i. The Respondents may be directed to produce entire record regarding seats or PG Medical Admission 2020-2021 in the state of Rajasthan against state quota.
ii. The Respondents may be directed to give admission in PG Medical Course 2020-2021 in the state of Rajasthan on the basis of increase seats permitted and found feasible by MCI.
iii. The Respondents may be directed to confine admission to 50% against reserved seats.
iv. The Respondents may be directed to immediately increase seats for admission in P.G. medical courses in the state of Rajasthan.
v. Any other appropriate writ, order or direction which this Hon'ble Court deems proper in the facts and circumstances and int eh interest of justice of the case may kindly be granted."
4. In SB Civil Writ Petition No.5495/2020 filed on 04/05/2020, following prayers have been made by the petitioners:-
"A. By an appropriate writ order or direction, the impugn Provisional Allotment List dated 26.4.2020 may kindly be quashed and set aside qua the private respondent.
B. By an appropriate writ, order or direction, the respondents may kindly be restrained from including the candidates belonging to EWS category in the subsequent counseling of the NEET PG 2020.
C. By an appropriate writ, order or direction, the respondents may kindly be restrained from giving admission to the candidates belonging to EWS category in pursuance to the Provisional Allotment List dated 26.04.2020.
D. By an appropriate writ, order or direction, the respondents may kindly be directed to make an increase in the NEET PG degree seats by 145 while, complying with the letter Dt. 13.03.2020 before conducting the second counseling and subsequent counseling if re
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