Case Note & Summary
The present appeals arose from writ petitions filed by seven candidates (Ramnaresh Kushwaha, Sachin Baghel, Tapsya Kutwariya, Tasmiya Khan, Muskan Hidau, Deepak Jatav, and Vikash Singh) who had appeared in the NEET (UG) 2023 examination and belonged to reserved categories (OBC, SC, EWS). They had studied in government schools in Madhya Pradesh. The State of Madhya Pradesh, by an amendment dated 10th May 2023 to the Madhya Pradesh Education Admission Rules, 2018, introduced a 5% horizontal reservation for government school students (GS quota) in MBBS seats. However, the State further sub-classified the GS quota into UR-GS, SC-GS, ST-GS, OBC-GS, and EWS-GS. During counselling, 89 UR-GS seats were created, but only 12 were filled; the remaining 77 were transferred to the open category. The appellants, who had higher marks than many UR-GS candidates (cut-off for UR-GS was 291, while appellants scored between 244 and 412), were denied admission because they were considered only against their respective vertical reservation sub-categories within the GS quota. They challenged this before the High Court of Madhya Pradesh, which dismissed their writ petitions. The Supreme Court granted leave and heard the appeals. The Court held that the State's sub-classification was illegal and contrary to the settled principle that a candidate belonging to a vertical reservation category who is entitled on merit to be selected in the open/general category of a horizontal reservation must be so selected. Relying on Saurav Yadav v. State of Uttar Pradesh, the Court directed that the appellants be admitted to the MBBS course in the next academic session (2024-25) against the seven seats that had been kept vacant by an interim order. The appeals were allowed, and the impugned judgments of the High Court were set aside.
Headnote
A) Constitutional Law - Reservation - Horizontal and Vertical Reservation - Interplay - The issue pertains to the correct method of applying horizontal reservation (Government School quota) in conjunction with vertical reservations (SC/ST/OBC/EWS). The Court held that a candidate belonging to a vertical reservation category who is entitled on merit to be selected in the open/general category of the horizontal reservation must be so selected, and his selection shall not be counted against the vertical reservation quota. The State's sub-classification of GS quota into UR-GS, SC-GS, ST-GS, OBC-GS, and EWS-GS was held illegal as it prevented meritorious reserved category candidates from competing for UR-GS seats. (Paras 10-12) B) Medical Education - Government School Quota - Admission - The State of Madhya Pradesh introduced 5% horizontal reservation for government school students in MBBS course. The Court found that the procedure followed by the State in sub-classifying the GS quota led to an anomalous situation where less meritorious UR-GS candidates secured admission while more meritorious reserved category GS candidates were denied. The Court directed the State to admit the appellants in the next academic session (2024-25) against the seven seats kept vacant, in accordance with the principle laid down in Saurav Yadav. (Paras 4.6, 6, 12-13) C) Precedent - Saurav Yadav v. State of Uttar Pradesh - Horizontal Reservation - The Court relied on the principle in Saurav Yadav that in case of horizontal reservation, candidates from reserved categories who are entitled on their own merit in the general category of the horizontal reservation must be admitted against those general category seats. The Court approved the steps indicated by the Gujarat High Court in Tamannaben Ashokbhai Desai for giving effect to both vertical and horizontal reservations. (Paras 11-12)
Issue of Consideration
Whether meritorious candidates belonging to reserved categories (SC/ST/OBC/EWS) who studied in government schools are entitled to be considered against the Unreserved (UR) Government School (GS) quota seats on the basis of their own merit, before such seats are released to the open category.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned judgments of the High Court, and directed the State of Madhya Pradesh to admit the appellants to the MBBS course in the next academic session (2024-25) against the seven seats kept vacant by the interim order dated 12th August 2024, in accordance with the principle laid down in Saurav Yadav.
Law Points
- Horizontal reservation
- vertical reservation
- inter se merit
- government school quota
- Saurav Yadav principle
- sub-classification
- open category
- reserved category candidates
- moulding of relief
