RAHUL KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petition, the petitioner has prayed for granting EWS (Economically Weaker Section) category reservation benefit at the rate of 10% to the petitioner and other similarly situated EWS category candidates while giving admission in PG Course of Ayurveda/Siddha/Unani/Homeopathy) for the Academic Session 2019-20.

(2.) Learned counsel for the petitioner submitted that after 103rd amendment in the Constitution of India enabling the Government to provide reservation for EWS category of candidates, the Central Government has issued a Gazette Notification on 12/01/2019 notifying the amendment in Article 15 by inserting Clause (a) and (b). Learned counsel further submitted that the UGC, vide letter dated 18/01/2019 directed the Central Universities and other affiliated Institutions for implementation of reservation for EWS category of candidates for admission in all Central Educational Institutions for the Academic Session 2019-20. The Government of India also issued office memorandum dated 17/01/2019 for the said purpose. Learned counsel further submitted that All India Institute of Ayurveda is a Central Government Institution controlled by the Ministry of AYUSH, Government of India and they have conducted Post Graduate Entrance Test (AIAPGET) in July, 2019 and the counselling has started by the respondents but they are not providing EWS category reservation for the Session 2019-20. Learned counsel further submitted that the AYUSH Department has directed for providing benefit of 10% EWS reservation for the UG Courses in the said Institute itself for the Session 2019-20 but for the PG Courses, without there being any reason or rhyme, the reservation is not being provided. Learned counsel further submitted that denying reservation at PG level is a hostile discrimination and there is no nexus for not providing the said reservation.

(3.) Per-contra, learned counsel appearing for the respondent No.1 has filed reply and it is submitted that although 10% reservation has been provided for EWS category of candidates, however, the Ministry of AYUSH, Government of India, vide its OM dt.02/05/2019 has directed for implementation of the provisions for PG Courses for the Session 2020-21 while by another letter dated 24/06/2019, the Director, Ministry of AYUSH has only directed for implementation of the EWS category of reservation for UG Courses and thus, for the purpose of PG Courses it has been decided to implement the reservation from Academic Session 2020-21 as the eligibility criteria for PG Courses is much higher than that of UG Courses.