SUMITH V. KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners participated in the NEET Examination, 2021 conducted by the 6th respondent for admission to Medical Courses in Kerala. The petitioners belong to Scheduled Caste community and they are entitled for reservation under SC/ST category. As per the Prospectus and various Government Orders, 10% of the Government seats in Government Medical Colleges is reserved for SC/ST candidates.

(2.) In Clause 4.1.5 of Ext.P2 Prospectus, the 6th respondent imposed a condition that the SC/ST candidates shall be allotted seats after leaving the seats set apart for All India quota, Government of India Nominees, Special reservations, Persons with Disabilities, all types of supernumerary seats sanctioned and management quota. Clause 4.1.3 provided that Persons with Disabilities shall be given 5% of the seats only after leaving the seats set apart under Clauses 4.1.1 and 4.1.2. Therefore, the two classes entitled for reservation are discriminated among them and such adoption of criteria lead to the marginal decrease in the available seats for the SC/ST candidates and therefore the petitioners seek to quash Clause 4.1.5 of Ext.P2 Prospectus by filing this writ petition.

(3.) The learned counsel for the petitioners argued that the condition prescribed in Clause 4.1.5 of Ext.P2 Prospectus leaving the seats set apart for All India Quota, Government of India nominees, Special Reservations, Persons with Disabilities, all types of supernumerary seats sanctioned and management quota and the distribution of remaining Government seats to the candidates belongs to SC/ST is highly arbitrary, unreasonable and violative of the principle of equality enshrined in Article 14 of the Constitution and hence liable to be interdicted.