RAMNARESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India is filed by the petitioners, who were candidates in NEET (UG) 2023 Examination held on 07/05/2023 seeking the following reliefs:

(2.) Before adverting to the merits of rival contentions, it would be expedient to extract the rule position governing the point in issue. Department of Technical Education Skill and Training has framed M.P.Chikitsa Shiksha Pravesh Niyam, 2018 which inter alia provide as under :- <IMG>JUDGEMENT_124_LAWS(MPH)1_2024_1.jpg</IMG> <IMG>JUDGEMENT_124_LAWS(MPH)1_2024_2.jpg</IMG> <IMG>JUDGEMENT_124_LAWS(MPH)1_2024_3.jpg</IMG> <IMG>JUDGEMENT_124_LAWS(MPH)1_2024_4.jpg</IMG> The procedure for filling-up of the vacancies as amended by notification dtd. 19/06/2019 is relevant for the present case. As per the revised procedure firstly percentage of vacancies shall be worked out on the basis of class-wise (izoxZ) reservation and not category-wise reservation (Js.kh) out of total vacancies. Thereafter, such vacancies shall be further divided into the proportionate number of category-wise vacancies. For instance; in the instant case the vacancies were classified in the following manner : <IMG>JUDGEMENT_124_LAWS(MPH)1_2024_5.jpg</IMG> Note : 366 NRI seats in private medical colleges not included in chart. Thereafter, under Rule 2 (x) after completion of given number of counseling round in the last mop up round if vacancies in the particular class are available, the vacant seats shall be transferred to other candidates in that category notwithstanding the class i.e. izoxZokj. In other words, in the aforesaid given chart if 89 candidates are not available in unreserved government schools, the remaining seats shall be transferred to the open category and likewise if 41 ST candidates are not available the remaining seats shall be transferred to ST category etc. to be filled up in vertical reservation. In the instant case, as against 89 unreserved seats for Government schools only 12 students were found to be above the cut off marks. As a result, remaining 77 seats were transferred to open category in vertical reservation. Petitioners scored the marks as under:- <IMG>JUDGEMENT_124_LAWS(MPH)1_2024_6.jpg</IMG> The validity of amended Rules (vide notification dt.19/6/2019) have not been challenged.

(3.) Learned counsel for the petitioners submits that all the candidates ought to have been considered firstly under unreserved category and if they have not been able to compete securing less than cut off marks, they could have been considered for the respective reserved category as has been held by the Hon'ble Supreme Court in the case of Saurav Yadav and others Vs. State of Uttar Pradesh and others [2021) 4 SCC 542]. According to him, petitioners since have secured more marks than the the last candidate admitted under the unreserved category school all should have been admitted in the said category. That having not been done, they have been subjected to typical hostility in violation of their fundamental right under Article 14 of the Constitution of India.