Himachal HC lays down selection norm for reserved category in MD/MS courses
19.05.2011 | 19:41
Shimla
Law et al. News Network
On the issue of selection in post graduate degree MD/ MS courses the
Himachal High Court has ruled that a SC/ ST category candidate who has
secured less than 50% but above 40% marks in the common entrance can
stake a claim to seat allocated to general category in case no
candidate is available from the general category. The court was in the
present case asked to determine minimum percentage of marks as well as
eligibility to admissions in MD/MS course for general category
candidates and reserved candidates.
In the state quota, 37 seats for PG degree courses and 7 for diploma
courses were available. Reservation was also available for both
in-service and direct candidates. While no candidate from in-service
general category could secure minimum 50% in the entrance test two SC
in-service candidates qualified in the entrance test by scoring more
than 40% but less than 50%.
The State of Himachal Pradesh had taken the stand that the reserved
candidates who belong to the in-service category having secured 40% or
above marks though below 50%, can be considered for allotment of any
of the 23 seats meant for the in-service general category.
Ajay Mohan Goel, counsel for the petitioner, contended that once seats
are reserved for SC/ST candidates and in case they do not secure the
eligibility level prescribed (50%) of the marks for the
general/un-reserved category, such SC/ST candidates can be considered
only against the seats reserved for them.
However counsel for the reserved category candidates, Anup Rattan and
counsel for the Himachal Pradesh University, BC Negi supported the
stand of the state government.
Deciding the matter a Bench comprising the Chief Justice Kurian
Joseph, Justice RB Misra and Justice Surjit Singh observed that "Once
the State allocates the seats group-wise (in-service and direct) and
the seats are reserved in each group for SC/ST/OBC categories who need
only score the lower minimum qualifying marks and where the State has
also made a speciality-wise distribution of seats among the various
categories, those candidates in the reserved categories who become
qualified with lower minimum percentage should be allotted only the
seats/specialities specially allocated to them on rotation. However,
in case seats are available in their respective group (in-service or
direct) after accommodating the un-reserved/ general candidates who
have scored the prescribed minimum qualifying marks for the general
group, as against those un-filled seats in the general group, the
candidates belonging to the SC/ST/OBC category who have scored only
the lower minimum qualifying marks shall be considered in the general
group since they have otherwise become eligible to be included also in
the respective group".
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