The Bombay District Court in Goa quashed a notification issued by the Goa government which imposed a cumulative 41% of reservations for Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Castes (OBC) in the state quota of graduate students. seats in Goa Medical and Dental Colleges from the 2021-2022 academic year.
The government’s decision, the High Court said, was contrary to the principles set forth by previous Supreme Court rulings, taken hastily without concern and violating the government’s own rules for admission to postgraduate courses which specifically mention that admission to postgraduate courses should be strictly merit-based, with the exception of a relaxation of grades awarded to people from disadvantaged backgrounds.
Having a petition filed by a panel of more than 100 doctors and medical students, the High Court ruled that a failure to “take into account the vital and relevant considerations to which the decision-maker was bound” rendered the decision of impose the reservations of this from the year “unreasonable and arbitrary”.
“Such a serious decision to reserve 41% of the state quota places for PG courses at the GMC should have been preceded by the application of the spirit to a host of relevant considerations mentioned in a plethora of court decisions. supreme on the subject as well as the considerations pointed out by the dean of GMC. For all these reasons, too, the impugned decision is flawed and liable to be overturned, ”said the High Court of Judges MS Sonak and MS Jawalkar.
In a notification issued in May last year, the Goa government sought to implement restrictions on Goa Medical College (GMC) postgraduate courses of 41% in favor of ST (12%); SC (2%) and OBC (27%) of the academic year 2021-2022.
The government argued that it was in line with its 2007 ordinances, when it introduced a 12% reserve for S&T in all government-run and aided educational institutions and a similar notification in 2014, when it reinforced an already existing reserve for CBOs from 19.5% to 27%.
The government asserted in court that there had been a “failure / cause” in not applying reservations for postgraduate medical courses when the quota provisions were notified in 2007. The court failed to apply reservations for postgraduate medical courses. however did not want to accept the argument.
“The attempt, it seems, is to downplay this long period of over 14 years and suggest that there has been no conscious decision against the implementation or enforcement of a reservation policy. in PG courses at GMC and GDC. In view of this length of time, a convincing explanation was due, but the same does not emerge either from the notes in the file or from the affidavit of the state government, ”the court observed.
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The court also ruled that in the event of a conflict between two sets of executive instructions – the general government administrative instructions that reservations would apply to all educational institutions, and the rules that specifically deal with admissions to courses postgraduate studies in medical and dental colleges in Goa – the latter would take precedence.
The High Court also quashed two recommendations made by the Goa Commission for SC / ST and the Goa State Commission for CBO for the implementation of reservations, noting that they had been made without the government. specifies how the notification might affect them, without hearing from the state government or more. in particular, the deans of GMC and GDC.