NEET PG 2023 | Meritorious Reserved Category Candidates Entitled To Reserved Disciplines If Preferred Choice Unavailable In Open Merit: J&K High Court
Case: Nadeem Ur Rehman Vs UT of J&K
Coram: Justice Sanjay Dhar
Case No.: WP(C) No.2233/2023
Court Observation: “The object of the said Rule is to avoid a situation where meritorious reserved category candidate would be put to a disadvantageous position vis-à-vis a reserved category candidate in the matter of choice of discipline/stream/ college”.
“The respondents could not have restricted applicability of Rule 17 to the number of seats/disciplines earmarked for a particular reserved category, as has been done by them in the instant case”.
“As the seats earmarked for the EWS category are not available in all the institutions, as such, the applicability of Rule 17 of the Reservation Rules in the manner it was done in the previous past was causing imbalance and confusion,”
“The logic projected by the respondents for deviating in applicability of Rule 17 of the Reservation Rules does not appear to be sound for the reason that on ground it has resulted in hardship to meritorious category candidates, inasmuch as the petitioners are definitely more meritorious than those category candidates who have been allocated disciplines/seats regarding which the petitioners had given their preference”.
“An MRC of EWS category could be granted discipline of his choice from the reserved category pool if his choice is not available in the open merit and thereafter the seat/discipline earmarked for EWS category would contribute to the general pool of reserved category candidates”
Previous Posts
DISCOMS As State Bodies Duty Bound To Protect Consumers’ Interests: Rajasthan High Court
Bombay High Court Quashes Reassessment Proceedings Against Non-Existent Entity Despite Active PAN
Keywords
NEET PG 2023, J&K High Court
