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2022 Supreme(Online)(KER) 33109

HIGH COURT OF KERALA
N.NAGARESH, J
DR.JIBIN C.P – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: KALEESWARAM RAJ, VARUN C.VIJAY, THULASI K. RAJ
For the Respondents: SRI.P.G.PRAMOD

Table of Content
1. petitioners challenge prospectus clauses on merit grounds. (Para 1 , 2 , 3 , 4)
2. division of in-service quota is justified in public interest. (Para 5 , 10 , 12 , 14 , 15 , 16)
3. court must prioritize merit in medical admissions. (Para 6 , 7 , 8 , 13)
4. regulation 9 does not override state quota authority. (Para 17 , 18)

JUDGMENT

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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

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