SC to hear plea against Bombay HC order cancelling MBBS reservation for Govt employees' wards

New Delhi: The Supreme Court has admitted appeals against the recent verdict of the Bombay High Court that nullified the 3 percent quota given by the Goa Government to children of central and state government employees for admission to MBBS and other degree courses in the colleges within the state.

Earlier in August, the Bombay High Court bench had quashed this reservation for the children of central and state government employees and persons in private occupations seeking admission to MBBS and BSc in nursing degree courses.

Agreeing to hear the plea challenging this, the Apex Court bench of CJI B R Gavai and Justice K Vinod Chandran observed, "We clarify that the stay of the impugned judgment granted by this court would mean that Goa govt will proceed with the admission for the present academic year on the basis of the prospectus issued by state govt."

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As per the latest media report by the Times of India, the court observed that the admissions made would be subject to the outcome of these appeals.

The benefit under this quota is given to the applicants whose either of the parents is an employee of the central government/central government public sector undertaking, including defence and paramilitary force serving in Goa preceding the year of admission or is transferred to Goa till the date of submission of application for admission.

Medical Dialogues had earlier reported that recently, the Bombay High Court quashed this reservation of 3 percent seats in favour of Children of Central and State Government Employees and Persons in Private Occupations, granted under Clause 5.7 of the prospectus issued by the Director of Technical Education, Goa.

The provision was challenged by an MBBS aspirant. While considering the plea, the HC Division Bench comprising Justices Bharati Dangre and Nivedita P. Mehta quashed the reservation provided in the said clause.

It was observed by the Court that the said clause did not withstand the scrutiny of Article 14 of the Constitution as it was not based on any intelligible differentia nor did it have any nexus with the object of the selection process, i.e. to have admission based on merit.

"Being satisfied that the provision for reservation of 3% seats to the Central/State Government employees and persons in private occupations, which according to us, do not withstand the scrutiny of Article 14 of the Constitution, and since we find that the classification that is created on account of a contingency stipulated in clauses (a) to (d) of Clause 5.7, is not based on any intelligible differentia nor it has any nexus with the object of the selection process, i.e. to have admission on merit, we quash and set aside the said Clause," the HC bench had earlier observed.

Highlighting the importance of merit for admission, the High Court bench had further noted in its order, "We must express that merit, and merit alone, must be allowed to explore the fullest extent, for every seat is to be filled in on merits, which receive relaxation by reservation contemplated by the Constitution or by a statute, i.e. an Act of Parliament or any law made by the State Legislature."

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