A bench of Justice DY Chandrachud, Justice Vikram Nath and Justice Hima Kohli issued notices to the Center and the Medical Advisory Committee on the petitions and tagged them with a pending matter.
Senior advocate Arvind P Datar, appearing for petitioner Neil Aurelio Nunes and others, submitted that the judgment is against the order of the Madras High Court as it also raises the question whether there should be horizontal or vertical reservation. The bench said it will issue notice and tagged the matter.
Senior advocate Vikas Singh, appearing for another petitioner Yash Tekwani and others, said that in an earlier judgment, the apex court had held that there would be no reservation in higher degree courses.
The bench told them that it is already issuing notices in the related matter and is seeking response from the respondents in two weeks.
Singh said that the Centre’s decision will have an impact on the National Eligibility cum Entrance Test (NEET).
Tekwani and others have said in the petition that they are doctors who have a recognized degree of Bachelor of Medicine and Bachelor of Surgery (MBBS) awarded by any university or institute in India and registered with the State Medical Council.
The petition, filed through advocate Tanvi Dubey, states that the petitioners have obtained provisional/permanent registration and are interested in NEET-PG 2021, which is proposed to be held on September 11.
“That the petitioners have filed the present writ petition under Article 32 of the Constitution of India to bring to the notice of this Court that the grave and grave problems being faced by thousands of students across the country are in view of the notice dated 29th July. Respondent No. 1 (Medical Consultative Committee (MCC)), stated in the petition.
The petition states that the petitioner and similarly affected candidates were surprised to learn that the MCC, through impugned notice, resolved to implement 27 per cent OBC reservation and 15 per cent UG and 50 per cent PG All India quota seats for 10 per cent EWS reservation. Had taken. (MBBS/BDS and MD/MS/MDS) with effect from the current academic session 2021-22.
The petitioners sought quashing of the July 29 notice issued by the MCC to implement the prescribed reservation criteria from the current academic session 2021-22.
He has also sought a direction to MCC to go ahead with NEET-PG 2021 without reservation policy provided under the impugned notice for this academic year.
He said that as per the reservation policy, there will be total reservation in 15 percent UG and 50 percent PG All India Quota seats – SC – 15 percent, ST – 7.5 percent, OBC- (Non-Creamy Layer) -27 percent as per central OBC list Economically Weaker Sections- 10 percent as per Central Government norms and -5 percent horizontal reservation for persons with disabilities as per norms.
The Center has released the undergraduate and postgraduate medical/dental courses (MBBS/MD/MS/Diploma/BDS/MDS) on 29th July.
The notice was also issued by the MCC on July 29, giving 27 percent OBC reservation and 15 percent UG and 50 percent PG All India Quota seats (MBBS/BDS and MD/MS/MDS) effective from the current academic session 2021-22.
“It is humbly submitted that the application for reservation for the academic year 2021-22 is arbitrary and unwarranted,” the petitioner said, adding that the selection process initiated for the current academic year should not be interrupted at the delayed stage. can.
“It is humbly submitted that the registration process for registration in NEET-PG started from 23rd February, 2021 and the registration window for NEET PG-2021 closed on 15th March, 2021. NEET PG-2021 was scheduled to be conducted earlier. April 18, 2021 and was postponed due to spurt in COVID-19 cases and hence the decision to implement the reservation policy for this academic year is with sheer thought,” he said. They submitted that the notice dated July 13 also provides for the number of candidates who have already registered for NEET-PG-2021 and that the change in reservation after registration for the examination will be avoided by the petitioners and similar students. Serious injustice will be done to those who were not aware of this. Current reservation policy while registering for the exam.
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