RAVI SHEKHAR SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been preferred with the following prayer:

(2.) Learned Counsel for the Petitioner submitted that initially the policy was floated by the Respondent-State for the year 2002, which is reflected at Annexure - 3 to the memo of the writ petition. Thereafter, the policy for reservation was floated on 17th February, 2009, which is at Annexure - 4 to memo of the writ petition, in which as per Schedule -1 and II, reservation, points have been given. It is further submitted by the Learned Counsel for the Petitioner that thereafter the Respondent-State has made total deviation from the earlier policies and has now issued an executive instruction dated 10.6.2009, which is at Annexure - 11 to the memo of petition, whereby, in certain subjects in Post Graduate Medical seats, 100% reservation has been given, wherein, the vacancy is only for one post. For example, in Bio-chemistry, MD (FMT), MD (Dermatology), MS (ENT), MCH (Neurosurgery), there is only one seat and if the executive instruction, issued by the Respondent-State dated 10th June 2011 (Annexure 11), which speaks about a new reservation policy, is allowed to continue, then the aforesaid faculties may not be available to the candidates of general category. It is further submitted by the Learned Counsel for the Petitioner that if the reservation is allowed in the aforesaid subjects, which is available in the Post Graduate Study in Medical Faculty, it will tantamount to 100% reservation, which is not permissible in the eyes of law and, hence, the executive instruction dated 10th June, 2011 (Annexure 11 to the memo of the petition), issued by the Respondent-State, deserves to be quashed and set-aside.

(3.) Learned Counsel for the Petitioner has relied upon several decisions, including Post Graduate Institute of Medical Education & Research v. Faculty Association and Ors., 1998 4 SCC 1Rajneesh Mishra and Ors. v. State of Jharkhand and Ors,2003 3 JCR 188 and Dr. Suresh Chandra Verma and Ors. v. The Chancellor, Nagpur University and Ors., 1990 AIR(SC) 2023, and has pointed out that it has been decided by a Special Bench of this Court that reservation policy in the appointment matter will also be made applicable to the admission matters in Post Graduate Study in the Medical Faculty and in view of the aforesaid decision, the reservation must have been made subject-wise, whereas looking to Annexure 11, it appears that the reservation has not been made by the State subject-wise and, therefore also, the order at Annexure -11 to the memo of petition, needs to be set-aside.