IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ROHIT ARYA, AVANINDRA KUMAR SINGH
Ramnaresh @ Rinku Kushwah, S/O Ramdayal Kushwah – Appellant
Versus
State Of Madhya Pradesh Through Its Principal Secretary – Respondent
ORDER :
Rohit Arya, J.
This petition, under Article 226 of the Constitution of India is filed by the petitioners, who were candidates in NEET (UG) 2023 Examination held on 07/05/2023 seeking the following reliefs:
ii- That, respondent department may kindly be directed to allot the MBBS seat of Unreserved Category Government School Quota to the meritorious Reserved Category Government School Quota candidate;
iii- That, respondent department may kindly be directed to commence fresh counselling from Round 1 in regard to Government School Quota for Unreserved and Reserved candidate;
iv- That, it may be declared that action/inaction of respondent department of not allotting the MBBS Unreserved Category Government School Quota seats to the meritorious Reserved Category Government School Quota candidate is in violation to the dictum of Saurav Yadav & Others v. State of Uttar Pradesh & Ors ((2021)4 SCC 542)
Any other relief wh
Anil Kumar Gupta Vs. State of U.P. ((1995)5 SCC 173)
Saurav Yadav and others Vs. State of Uttar Pradesh and others
The court affirmed that within reservation policies, vacancies may transfer across categories based on merit, confirming the legality and adherence to established rules in the admission process.
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 genera....
The main legal point established in the judgment is the application of the 'merit cum preference' principle for seat allotment, as well as the interpretation and application of Rule 17 of the Jammu a....
The allocation process for women in the reservation system must adhere strictly to the principles of merit and not exceed the constitutional quota limits.
The allocation of reserved seats must follow institutional policies ensuring compliance with relevant laws, without arbitrary conversion of categories.
The court upheld the admission process rules, stating that a student who submits a status retention form cannot later challenge subsequent admissions, ensuring fairness in the allocation of seats.
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