The cabinet also gave its approval to reimburse fees to candidates from the general category who will be affected following the promulgation of the ordinance
The state cabinet cleared an ordinance on Friday suggesting an amendment to the Socially and Educationally Backward Class (SEBC) Act 2018 to provide reservation to Maratha students in post-graduate medical courses. This will restore admissions of about 250 post-graduate (PG) students from the community in medical and dental health courses.
The cabinet also gave its approval to reimburse fees to candidates from the general category who will be affected following the promulgation of the ordinance.
The government has proposed a subsection in section 16(2) of the SEBC Act to reinstate admissions that were granted under the state quota for Marathas. The Nagpur bench of the Bombay High Court had disallowed to grant 16 per cent reservation to the community for admissions to post-graduate medical courses on the grounds that the admission process had begun much earlier. The Supreme Court had upheld its decision.
The government has forwarded the ordinance for Governor C Vidyasagar Rao's consent, which is expected by Saturday, after which it will come into effect. "Admissions will be restored for the academic year 2019-20," said a senior bureaucrat.
"The ordinance will provide relief to those students who had already got admission under Maratha quota, but were affected after the process was stayed by the court. Now, the third round of the admission would start," said State revenue minister Chandrakant Patil, adding the government will reimburse fees of students from general category and that they should try for admissions in private colleges.
He added that the government will appeal to the court to extend the admission process up to May 30. The state has already approached the Medical Council of India with a plea to allocate 213 more seats so that students from other categories can get admissions in private colleges and deemed universities.
Passing such an ordinance is an act of colourable exercise of legislative power, which amount to malice in law as it attempts to overreach judicial orders," former state advocate general Shrihari Aney told DNA. Aney had represented general category students in the case and said the amendment can be challenged in court.
"Although it is possible to nullify a court judgement by passing an appropriate law, it would be unfair or unjust if such a law actually seeks to destroy vested rights created by a statute," he said. "Coupled with this is the problem of passing such a law by an ordinance, as an ordinance is a subjective view of the government in power and not of elected legislators."
Students from the Maratha community, who have been holding a dharna at Azad Maidan, are not pleased by the move. The government's move to issue an ordinance has not pleased the agitating students as they have continued their sit in dharna at Azad Maidan in south Mumbai. Dr Shivaji Bhosale, an activist from the Maratha Kranti Morcha said the protest will continue until their original seats and branch in PG medical and dental courses are restored.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Maratha students")
)
)
)
)
)
)
)
)
)
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}