Says two rounds of medical admissions has already been held, preparing revised list now will make eligible students lose year
The Maharashtra government on Saturday filed a special leave petition (SLP) challenging the Nagpur bench of the Bombay High Court's decision to stay the 16 per cent quota offered to the Maratha community under the socially and educationally backward classes (SEBC) category for admission in this year's postgraduate medical courses. The state government has submitted to the court that two rounds of the admission process has already been held and preparing a revised list now, will be unjust. The government also brought to the court's notice that the SEBC students, who cracked the two rounds of the admission process, have not made any representation before the High Court.
Further, the government has argued that deciding on the writ petition without involving the 'to be affected' parties results in violation of the principle of natural justice. The copy of the SLP is in DNA's possession. Various organisations including the Maratha Kranti Morcha (MKM) representing the Maratha community have welcomed the government's move saying that students should not lose a crucial academic year.
The government on March 8, 2019 had written a letter to the Directorate of Medical Education and Research to incorporate and implement the SEBC quota from the academic year 2019 in their postgraduate medical courses. However, the High Court, in its ruling, said that the government's notification of March 8, 2019 regarding the SEBC quota in health science courses will not be applicable for postgraduate admissions in dentistry and medicine since the registration process for NEET began on October 16 and November 2 in 2018, respectively.
However, the government in its SLP argued that the High Court did not consider that the case in hand relates only to the state quota of 50 per cent seats. ''If plain meaning is given to the applicability of SEBC Act, 2018, it becomes clear that its provisions are applicable to the National Eligibility cum Entrance Test postgraduate (NEET-PG) and National Eligibility cum Entrance Test for Master of Dental Surgery (NEET-MDS) courses in view of the publication of the notice dated February 20, 2019. The High Court should have considered enactment in the light of its object,'' the government said.
MKM convenor Vinod Patil, who has also separately filed an SLP in the apex court, said the SEBC Act came into effect on November 30, 2018 and therefore, for the admission processes launched thereafter, reservation needs to be granted under the same act. ''The government on March 27, 2019 had issued seat matrix and therefore, the SEBC Act should be applicable,'' he said.
Maratha quota research expert Balasaheb Sarate said he will file an SLP in the apex court on Monday to oppose the High Court's order.
Maha state vs high court
- MKM convenor Vinod Patil has separately filed an SLP in the apex court. He said SEBC Act came into effect on Nov 30, 2018 and it should be applicable now
- The state submitted to the court that 2 rounds of admission process have already been held and preparing a revised list now, will be unjust
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