THE Supreme Court on Thursday stayed Maharashtra Government’s notification granting 10 per cent quota in admissions for the academic year 2019-20 to Post Graduate medical courses for students of Economically Weaker Sections (EWS) across all classes. “Rules of game cannot be changed when the game is on” the top court said, pointing out that the admission process for PG medical courses in Maharashtra for 2019-20 started long before the 10 per cent quota for EWS came into force by 103rd Constitutional amendment and subsequent notification by the State.
A vacation bench of Chief Justice Ranjan Gogoi and Justice Aniruddha Bose said 10 per cent EWS quota cannot be granted at the cost of others unless additional seats are created by the Medical Council of India (MCI). The admissions for the 2019-20 academic year close on Friday.
“We are of the view, at this stage, that though the State may act under the enabling provision contained in Article 16(6) of the Constitution, as introduced by the 103rd Constitutional amendment, unless additional seats are sanctioned by the Medical Council of India, the existing seats cannot be subjected to the provisions of the aforesaid Constitutional amendment by issuing appropriate notifications, as has been done in this case,” the bench said. The balance between the competing claims of parties involved will be upset if the reserved category students are allowed to take admissions in the PG medical course and at later stage their admissions were found to be untenable, it said.
The bench said that its directions are interim in nature and will be operative till final decision is taken on the plea filed by three students of general category. The bench clarified that it is always open for the MCI to sanction additional seats for accommodating ten per cent students falling in EWS category, if it deems fit.