Explore the intricacies of the court’s legal analysis regarding the in-service candidate reservation in Maharashtra’s post-graduate medical admissions. Uncover the implications of the court’s decision on reservation policies and the evolving landscape of medical education in the state.
Facts
- Government of Maharashtra issued a notice on 21 September 2022 for conducting admissions for post-graduate medical courses.
- 50% of seats in post-graduate diploma courses were reserved for in-service candidates who served for at least three years in remote and/or difficult areas.
- In-service reservation to the extent of 20% seats in post-graduate medical degree courses was provided for officers serving in government hospitals.
- Weightage for in-service candidates was specified in Regulations (9)(IV) and (VII) of the Post Graduate Medical Regulations 2000.
- A weightage of 10% of marks obtained for each year of service in remote and/or difficult areas was to be provided with a maximum of 30% marks out of marks obtained in the NEET-PG 2022.
- The eligibility for in-service candidates was specified in the brochure issued on 21 September 2022.
- The first round of counseling for admissions commenced on 3 October 2022.
- No reservation for in-service doctors implemented since 2016
- Admissions process at final stages, so reservation for in-service doctors not permitted for that year
- High Court dismissed the Writ Petition on October 14, 2022
- Judgment of Constitution Bench in Tamil Nadu Medical Officers Association rendered on August 31, 2020
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Arguments
- Government Resolution of 26 September 2022 for 20% in-service candidate reservation issued after admission process began.
- Citing A.P. Public Service Commission v. B. Swapna and Maharashtra SRTC v. Rajendra Bhimrao Mandve for selection criteria change prohibition mid-process.
- In-service candidate reservation reinstated post Tamil Nadu Medical Officers Association v. Union of India ruling.
- Reservation of 20% deemed disproportionately high, leading to only 52 out of 282 seats being filled in the first round.
- Referencing Dr. Prerit Sharma v. Dr. Bilu B S on unalterable admission principles mid-process.
- No data collected by State on in-service candidates, with only 69 appearing for NEET-PG out of 1416 seats, 52 deemed eligible.
- State Government rule continuity maintained, as in-service reservation abides by resolutions issued periodically.
- In-service reservation in Maharashtra government medical colleges pre-2017, discontinued post-State of Uttar Pradesh v. Dinesh Singh Chauhan judgment.
- No challenge to the legality and validity of the Government Resolution dated 26 September 2022.
- Admissions granted in the first round of counselling.
- Students who were admitted not impleaded as parties in the proceedings.
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Analysis
- The eligibility for in-service candidates is based on Government Resolution dated 19 March 2019 or any subsequent Government Resolution.
- The reservation policy for in-service candidates may change over time, as accounted for in the brochure.
- Government Resolution dated 26 September 2022 did not alter the rules of the game mid-process.
- Out of 1416 post graduate medical degree seats in Maharashtra, 282 are reserved for in-service candidates.
- 268 candidates obtained No Objection Certificates to apply for in-service reservation.
- 69 students were found eligible in the first round of counselling for in-service quota.
- The Government Resolution dated 26 September 2022 is in line with the brochure issued by the Government of Maharashtra.
- Clause 3 of the Government Resolution reserves 20% of State quota seats for in-service candidates without additional marks for general category admissions.
- Clause 7.2 of the brochure reserves 50% of post graduate diploma seats for in-service candidates.
- The High Court noted a difference of perspectives between the Public Health Department and Medical Education Department of the state.
- Weightage of marks is prescribed for in-service candidates aspiring for 20% quota, as stated in the brochure.
- A notice was issued reducing the NEET-PG 2022 cut-off marks by 25 percentile.
- Reservation for in-service candidates in degree courses was reinstated post the decision in Tamil Nadu Medical Officers Association.
- The brochure notified students that in-service reservations would abide by government resolutions.
- The High Court rejected excluding the applicability of Government Resolution dated 26 September 2022 for the current academic year as it was not challenged.
- Details about seat matrix/reservation were to be provided after the registration stage, which did not alter the selection criteria post commencement.
- Judgment references past cases where rules of the game were not deemed altered mid-process as long as details were to be notified separately.
- Regulation 9 of the MCI Regulations 2000 does not affect the competence of States to make reservations for in-service candidates in post graduate degree courses.
- States are entitled to prescribe in-service quotas to upgrade the qualifications of existing in-service doctors for better healthcare facilities.
- State of Maharashtra had a 30% in-service quota for post graduate degree courses.
- Validity of in-service reservation was questioned in Dinesh Singh Chauhan case, but the reservation for in-service candidates in diploma courses continued.
- Government of Maharashtra introduced an in-service reservation following the judgement in Tamil Nadu Medical Officers Association case.
- Controversy arose regarding the application of the Government Resolution to the current academic year due to changes in admission rules after admissions process had started.
- Court emphasized that in-service reservation must adhere to rules specified in admission brochures and information bulletins, as seen in the case of Tamil Nadu reserving 50% super-speciality seats for in-service candidates.
- Decision in Dinesh Singh Chauhan case was referred to a Constitution Bench for review.
- Clause 7.10 of the brochure indicates that unfilled seats under the in-service quota will be allocated to non-in-service category candidates based on the NEET-PG 2022 merit list.
- This redistribution of seats is likely to make additional candidates eligible for subsequent counselling rounds.
- The High Court judgment is not interfered with based on the above reasons.
Decision
- The appeal is dismissed
- Pending applications, if any, are disposed of
Case Title: NIPUN TAWARI Vs. THE STATE OF MAHARASHTRA (2022 INSC 1128)
Case Number: C.A. No.-007778-007778 / 2022
