Mohita Pandey (Dr. ) vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 87

SUJOY PAUL, DWARKADHISH BANSAL
Mohita Pandey (Dr. ) – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates:
Siddharth Radhe Lal Gupta with Shubham Khamparia for petitioner; Ashish Anand Bernard, Additional Advocate General with Ms. Janhvi Pandit, Deputy Advocate General for respondents/State; Aditya Sanghi for respondent No. 5 in W. P. No. 5668 of 2022.

ORDER (Oral)

Paul, J. -- 1. In these batch of writ petitions, the petitioners are ‘in-service candidates’. It is also not in dispute that being ‘in-service candidates’ petitioners have a separate source of entry on 30% seats in Post Graduate Medical Courses.

2. The process of admission in the Post Graduate Courses are governed by statutory Rules namely Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018 (Admission Rules) made under Madhya Pradesh Niji Vyavsayik (Prevesh Ka Viniyaman Evam Shulk Ka Nirdharan) Adhiniyam, 2007 (Adhiniyam). The petitioners/in-service candidates in these petitions filed under Article 226 of the Constitution have prayed that seats falling under 30% reserved compartment earmarked for ‘in-service candidates’ the unfilled seats of SC/ST/OBC/EWS category cannot be converted/shifted to the pool of open/direct category till they are first offered to general/unreserved category candidates within the same pool/compartment of ‘in-service candidates’ by exhausting the list in view of combined reading of rule 4 and rule 14 of the Admission Rules.

Petitioners’ co