RITUPURNA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Mr. R. C. Mohanty, learned counsel appearing for the opposite parties.

(2.) THE petitioner in this writ petition has made a prayer for a direction to the opposite party No. 2 to consider her case under the reserved category of 5% seats of the total number of seats for P. G. Medical Course in the selection process on the basis that the parents of the petitioner hold a green card. The petitioner appeared in the P.G. Entrance Examination, 2010. In the information brochure, there was no reservation provided for the children of green card holders.

(3.) MR . R. C. Mohanty, learned counsel for the opp. parties, on the contrary, relying upon the counter - affidavit filed by him, submits that admission to P. G. Medical Course is always in accordance with the guidelines of the M.C.I. which do not prescribe any reservation for children of Green Card holders. He further submits that admittedly no reservation has been made in the prospectus for P. G. Medical Selection, 2010 for children of Green Card holders, and, therefore, there is no scope to consider the petitioner under any such imaginary reserved category. According to Mr. Mohanty, the clause contained in the Green Card with regard to reservation of 5% seats for Medical Course can only mean for MBBS and not P. G. Medical Course which is a specialized course and, where merits should be the only consideration, though some provision is made for reservation of seats for S.C. / S.T. candidates as per the guidelines of the M.C.I. Hence, it is submitted by him that no direction can be issued to the State Government to reserve 5% of the seats for family members of Green Card holders. He further relying upon the decision in the case of Gulsan Prakash (Dr.) v. State of Haryana, 2010 (1) SCC 477 submits that the power to make reservation under Art.15(4) of the Constitution is discriminatory and not mandatory and, it is for the State Government to decide the said question where Court should not interfere by issuing directions to make reservation. Clause 4 in the Green Card issued in favour of the mother of the petitioner, which is relevant for the purpose, is as follows : -