Maratha quota in PG: Maha govt challenges HC's order

Ashish Tripathi, DHNS, New Delhi,

May 04 2019, 14:57 ist
updated: May 04 2019, 14:57 ist

The Maharashtra government on Saturday approached the Supreme Court challenging validity of the Bombay High Court's order which disallowed it to grant 16 % reservation to Maratha community as socially and economically backward classes for admission to Post Graduate medical courses being conducted through NEET-PG and NEET-MDS, 2019.

The state government sought an ex-parte stay of the Nagpur bench's order of May 2, which ordered the admission process for PG courses should be conducted and completed it in accordance with applicable law, rules and orders before commencement of the SEBC Act, 2018.

In a special leave petition filed by advocate Nishant R Katneshwarkar, the state government pointed out the result of NEET-MDS, 2019 was declared on January 15, 2019. The result of NEET-PG, 2019 was declared on January 31, 2019.

“The SEBC Act, 2018 came into force on November 30, 2018. Plain and simple interpretation of the above dates and events will make it clear that the reservation provided as per the SEBC Act, 2018 was applicable to NEET-MDS, 2019 and NEET-PG, 2019,” it contended.

Acting on a batch of writ petitions filed by Dr Sanjana and others, the high court said, since the notification for applicability of 16 % reservation was issued on March 8, 2019, it would have no application to the present medical admission process of 2019 which began on October 16, 2018 and November 2, 2018.

The issues arose out of communications issued under the Maharashtra State Reservation (of Seats For Admission in Educational institutions In the State And For Appointments In The Public Services And Posts Under The State) For Socially And Educationally Backward Classes (SEBC) Act, 2018.

The state government contended the high court did not consider that, the case in hand related only to the state quota of 50% seats. For the purpose of getting admission in the state quota, a notice was issued on February 20, 2019.

“Now, it has become an irreversible situation to prepare revised list as the admission process of two rounds has been completed. Deciding the writ petition without having the affected effect parties has resulted into violation of principle of natural justice,” it said. A batch of writ petitions challenging validity of SEBC Act, 2018 was pending separately before the principal bench.