They had sought fresh choice of seats, including seats reverted from Economically Weaker Sections, in postgraduate medical courses

The Supreme Court on Monday dismissed applications filed by general category candidates for modification of the court’s June 4 order, which restrained candidates from changing their original preference/option of seats in postgraduate medical courses in Maharashtra after the scrapping of 10% economic reservation in admissions for the academic year 2019-2020.

A Vacation Bench led by Justice Indira Banerjee further recorded that no reserved category candidate should be excluded if he or she is found eligible to compete from the general category.

The general category candidates’ pleas had sought the apex court to allow them to seek a fresh choice of seats, including seats reverted from Economically Weaker Sections (EWS) category to general category.

‘Accordance with merit’

The applicants had submitted that seats should be allotted to already registered and qualified medical students during manual (physical) counselling, in accordance with merit, without insisting upon previous choice/ options exercised by them.

One of the applications filed by Sagar Damodar Sarda said the original exercise of options by the applicants and other qualified students “cannot be termed as valid exercise in facts of the given case when the said exercise was itself restricted by operation of EWS quota which is now not applicable for the current academic year”.

‘Not in 2019-2020’

It said the “provisional seat position of postgraduate courses in government/ government-aided/ BMC and central government medical colleges, published by the Government of Maharashtra, State Common Entrance Cell would further reveal that there were several seats, discipline wise – college wise which were earmarked for EWS students (only); before the said reservation scheme (for EWS) was directed not to be applicable for this academic year 2019-2020” by the apex court on May 30.

The candidates had alleged the authorities, even after issuance of directions by the Supreme Court, did not call for fresh choice filling, to enable students in order of merit to participate afresh in the re-counselling process.

“The inaction has seriously prejudiced rights of the applicants and is arbitrary and malfide exercise of powers; antithesis to the concept of rule of law,” Mr. Sarda’s application had submitted.

On June 4, the Supreme Court had directed the Maharashtra government to hold the last round of physical counselling for postgraduate medical and dental seats by June 14.

Interim direction

The June 4 order had followed an interim direction in May to the State to not implement the 10% economic quota for the PG medical and dental admissions for the 2019-20 academic year. The Maharashtra government had issued two notifications in February and March 2019 to implement the 10% reservation for the economically-deprived classes. They were stayed by the apex court in a recent order.

The court had slammed the Maharashtra government for “creating a mess” and troubling candidates who aspire to complete their post-graduation.