A vacation bench of Chief Justice Ranjan Gogoi and Justice Aniruddha Bose said the 10% EWS quota cannot be granted unless additional seats are generated
The admission process for post graduate medical courses started in November 2018
The Supreme Court on Thursday passed an order staying the implementation of 10% reservation for Economically Weaker Sections (EWS) for ongoing admissions to post graduate medical courses for the academic year 2019-20 in Maharashtra. It said the process of admission had begun before the amendment in constitution to grant reservation to EWS.
The admission process for post graduate medical courses started in November 2018, while the 103rd Constitutional amendment granting 10% reservation to EWS was passed in January this year. The Maharashtra government enforced the EWS quota in March.
A vacation bench of Chief Justice Ranjan Gogoi and Justice Aniruddha Bose said the 10% EWS quota cannot be granted unless additional seats are generated by the Medical Council of India.
"Ten per cent EWS quota cannot be granted to the ongoing admission process. You cannot change the rules of game when the game is on," the bench said.
The apex court's order follows a plea filed by student Rajat Rajendra Agrawal from General Category saying that unless additional seats are created, the EWS quota will eat into their share of seats. Agrawal had challenged two circulars of the Maharashtra government by which 10% EWS quota was applied to admissions in PG medical courses of the state.
The Maharashtra government had sought dismissal of the petition saying that any interdiction at this point will disturb the entire process of admission. Advocate Nishant Katneshwarkar, appearing Maharashtra, had argued that the seats with respect to the 10% reservation were already filled and staying the implementation of the quota would adversely affect students who have taken admission against the quota.