(1.) These appeals are directed against the judgement and order, dated August 19, 2019 passed by a Learned single judge in WP No. 8990 (W) of 2019 inter alia holding that the State has no authority to reserve 40% seats for the in-service doctors and 60% seats for open category doctors which has inter alia been held to be arbitrary, unconstitutional and unsustainable. The separate reservation list and the list of selected candidates prepared on April 3, 2019 and April 20, 2019 respectively have been set aside with consequential directions.
(2.) The writ petitioners, 22 in number, are all medical graduates who had appeared and succeeded in the entrance examination through the National Eligibility-cum-Entrance Test, Post Graduate, 2019 (NEET, for short) conducted by the National Board of Examination at all India level to get themselves admitted to the post-graduate degree classes. Half of the total number of seats have been reserved for all India quota and half has been reserved for the state quota in terms of the Rules and Regulations of the Medical Council of India (MCI, for short). The first round of counselling started on and from March 15, 2019 and the results were published on March 27, 2019. The second round of counselling started from April 5, 2019 and the result was published on April 11, 2019 for the all India quota states in open category. The remaining vacancies from the all India quota reverted back to the state which was to be filled up by the state quota seats in the open category following the MCI Rules and Regulations. It has been alleged that the State was trying to fill up these reverted back seats in the manner of 60% for the open category and 40% in-service doctors category.
(3.) The petitioners have alleged that the state respondents have filled up 60% from the open category and 40% for the in-service doctors category and in this manner the Government has conducted the first counselling. Subsequently, the result of the candidates for the respective faculties were published on April 3, 2019 as is reflected from the seat matrix available.
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