Case Note & Summary
This appeal arose from a judgment of the Bombay High Court concerning the reservation of 20% seats for in-service candidates in postgraduate medical degree courses in Maharashtra. The National Board of Examinations announced the NEET PG-2022 examination schedule, with results declared on 1 June 2022. On 21 September 2022, the Maharashtra government issued a notice detailing the admission schedule and a brochure outlining the reservation policy, which included provisions for in-service candidates. The appellants challenged the applicability of the Government Resolution dated 26 September 2022, which established the 20% reservation, arguing it was issued after the admission process had begun and thus should not apply for the academic year 2022-23. The High Court dismissed their writ petition, leading to this appeal. The appellants contended that the reservation was disproportionately high, as only 52 out of 282 reserved seats were filled. The State argued that the reservation policy was consistent with prior regulations and did not constitute a change in rules midstream. The Supreme Court analyzed the legal framework, including previous judgments regarding in-service reservations, and concluded that the Government Resolution was valid and applicable for the current academic year. The appeal was dismissed, affirming the High Court's decision.
Headnote
A) Administrative Law - Reservation Policy - Applicability of Government Resolution - Government Resolution dated 26 September 2022 - The court held that the Government Resolution providing for a 20% reservation for in-service candidates was applicable for the current academic year as it did not alter the rules of admission midstream, given that the brochure specified that in-service reservations would abide by government resolutions issued from time to time. The High Court's dismissal of the writ petition was upheld (Paras 30-38).
Issue of Consideration
Whether the Government Resolution providing for a 20% reservation for in-service candidates applies to the current academic year after the admission process had commenced.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's judgment that the Government Resolution dated 26 September 2022 was applicable for the current academic year.
Law Points
- Reservation in admissions
- in-service candidates
- NEET-PG
- Government Resolution
- eligibility criteria
- weightage marks
