The Supreme Court in the case Pankaj Kumar Mandal And Ors. v. UoI observed and has asked the Union Government to file an Affidavit in a plea seeking proper implementation of reservation policy in the NEET-PG Counselling.
In the present case, the bench comprising CJI, Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala observed the contentions made by the counsel, Advocate, Mr. Prashant Bhushan that the that seats belonging to meritorious reserved candidates (MRCs) who are being entitled to get admissions against the 50% seats of the general category which were being allotted reserved category seats in violation of the judgments of the Apex Court in the cases Ritesh R. Sah v. Dr. Y.L. Yamul and Ors., Samta Aandolan Samiti And Anr. v. UoI and Tripurari Sharan And Anr. v. Ranjit Kumar Yadav and Anr.
It was observed that Ms. Aishwarya Bhati, the Additional Solicitor General appraised the bench that the allocation of the seats for the NEET-PG Counselling for All India Quota was carried out as per Paragraph 3.1 and Paragraph 3.2 of the Admission Brochure.
Further, the bench noted that the crux of the issue in the present matter is that the NEET-PG seats in All India Quota, the candidates belonging to reserved category who are sufficiently high on merit for securing a seat against the general category can yet be treated as candidate for seat in reserved category.
The bench asked the matter to be listed on Monday, as per the request made by Advocate, Mr. Prashant Bhushan.
The bench observed that as per the Medical Counselling Committee there are in total 10954 seats available under the All-India Quota. It is alleged in the plea that as per the allotment list released for Round 1 of NEET-PG Counselling, also it is apparent that reserved category candidates who come under the top 50% seats have been assigned reserved category seats instead of general seats, which they are eligible for. Further, it is submitted din the plea that it is a settled position of law that reserved category candidates who are eligible for and qualify for unreserved seats shall be admitted against general seats. Moreover, NEET PG Counselling 2022 is allotting MRCs reserved category seats, in breach of the trite law.
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