VIKRAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have prayed for the issuance of a writ in the nature of certiorari for quashing the notification dated 15.04.2020 (Annexure P-3) issued by State of Haryana to the extent of providing reservation of 87% in respect of admission to the Postgraduate Courses of MD/MS/MDS in various medical colleges in the State, for the academic session 2020-21 and have also prayed for the issuance of a direction to the respondents to make admissions in the aforesaid courses in accordance with the reservation policy notified for the academic session 2019-20.

(2.) In brief, respondents No.1 and 2, vide its notification No.16/03/2018-6HBIV dated 15.04.2020, set down the procedure for admission to MD/MS/MDS Courses in Government/Government Aided/Private Medical and Dental Educational Institutions including those under Private Universities, namely, SGT University, Budhera, Gurugram and PDM University Bahadurgarh, Jhajjar for Academic Session 2020-21. It was further notified that in the Government Institutions covered under the said notification, 50% of the seats will be assigned to the All India Merit Category of NEET PG-2020 and NEET MDS-2020 and the remaining 50% of the seats will be assigned under the Haryana State Merit Category of NEET PG-2020 and NEET MDS-2020. It was further provided that 25% seats shall be reserved (Institutional preference) for the candidates who have passed MBBS/BDS courses from the institutions located in the State of Haryana for admission to MD/MS and MDS courses under State Quota Seats in all Government/Government Aided/Private Medical/Dental Institutes including those under SGT University and PDM University (private Universities) and 5% seats of the State Quota seats shall be filled up by candidates with benchmark disabilities in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016, based on the merit list of 'National Eligibility-cum-Entrance Test' and as per MCI Guidelines issued from time to time. It was further notified that in the private institutions covered under the said notification, 50% of the seats will be filled under Open Merit category seats and remaining 50% of seats will be filled under the Management category. It was further notified that reservation for the EWS category shall be provided as Haryana Government Notification dated 25.02.2019.

(3.) It is alleged that the petitioners have qualified the NEET-PG- 2020 examination and, thus, are eligible to compete for admission in various institutes of Haryana for the State Quota seats as well as for the 50% seats reserved for All India Quota. It is alleged that after the issuance of the notification dated 15.04.2020, respondent no.3 uploaded on its website the college-wise and specialty wise tentative seat distribution for PG Courses for the session 2020-21 and as per the said matrix, out of total 222 seats available in respondent no.3-University, 111 seats are of All India Quota seats and balance 111 seats are of State Quota seats. According to the petitioners, out of State Quota Seats, 10% of the seats are reserved for EWS, 25% for Institutional Preference, 20% for Scheduled Caste, 16% for BCA, 11% for BC-B and 5% for PWBD, which makes a total reservation in respect of the State Quota Seats as 87% and only 13% seats are available for candidates in the open/general category. In this regard, the petitioners have demonstrated the distribution of seats in the various institutions by way of the following chart:-