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Interim order on quota for SC/ST

Legal Correspondent

Reservation for PG medical admissions


  • Ongoing counselling only for rest of the seats
  • Seat calculation at variance with judgment: petitioners

    New Delhi: The Supreme Court has ordered that 10 per cent of the State-wise Central quota be reserved for Scheduled Caste/Scheduled Tribe candidates in postgraduate medical admissions for the academic year 2006-2007.

    The ongoing counselling should be held only for the rest of the seats, said a three-judge Bench consisting of Justices K.G. Balakrishnan, A.R. Lakshmanan and S.H. Kapadia.

    It passed the interim order on a writ petition filed by 14 doctors challenging the method of calculation of seats reserved for the SC/ST.

    Petitioners' contention

    The petitioners contended that as per the apex court verdict 50 per cent of the postgraduate medical seats were reserved under the all-India quota and 50 per cent under the State quota. The judgment made it clear that the 50 per cent all-India quota would be calculated after deducting the number of seats set apart for the reserved categories.

    (For example, if there are 100 seats, the seats meant for the SC/ST will be deducted and the remaining seats divided into the 50 per cent all-India quota and 50 per cent Central quota.)

    Contrary to this judgment, the admission bulletin this year said the SC/ST quota would be calculated at the 50 per cent seats available after deducting the 50 per cent all-India quota. As a result, the number of seats reserved for SC/ST came down, the petitioners said.

    They sought a declaration that such a calculation was invalid and unconstitutional and to provide reservation in keeping with the court judgment.

    The Bench said that as per the early judgment the quota was increased to 50 per cent.

    "Now, the question is whether a reservation of 22.5 per cent is to be made in the State quota or in the Central quota. We direct that the 10 per cent, subject-wise Central quota be reserved subject to the final decision."

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