38.6c New Delhi, India, Saturday, May 25, 2024

NEET-PG : Supreme Court Dismisses Plea Challenging 40% in-Service Quota Brought by West Bengal

By Dolly Chhabda      07 December, 2021 02:44 PM      0 Comments
NEET-PG : Supreme Court Dismisses Plea Challenging 40% in-Service Quota Brought by West Bengal

The Supreme Court on Friday (December 3, 2021) dismissed a writ petition filed by doctors who appeared in NEET PG 2021 challenging the notice dated October 8, 2021, issued by the Department of Health and Family Welfare, West Bengal that provides for reservations of 40 per cent for in-service medical/dental officers. The case issue was heard by the bench of Justice LN Rao and BR Gavai. 

The Notice issued by Government of West Bengal, Department of Health and Family Welfare reads, "Notification regarding the provision of in-service quota in postgraduate medical and dental and post-doctoral medical counselling for state quota seats government/private colleges, for such courses, in West Bengal which inter alia provides for 40% reservation for in-service medical/dental officers." ("Impugned Notice")

Last year, the Supreme Court directed the counselling to proceed without providing in-service reservation in super speciality courses. The bench mentioned that the said order was passed and the admission process was then in the final stages. As far as the present year is concerned, counselling is yet to commence.

"So far as competence of state legislature is there I am not assailing that. What I am pointing out is that at least for this year the implementation of this circular should not be implemented," Senior Advocate Sonia Mathur submitted.

About the petition 

The petitioners were represented by Dubey Law Associates and the petition was filed through Advocate Charu Mathur. Averring that the added 40 per cent reservation for in-service category was in sheer disregard to the fundamental rights, doctors had sought relief for staying the effect and operation of the impugned notice for the current academic year and/ or till the pendency of the writ.

The petition also sought issuance of directions to the Department to provide the basis on which the 40 per cent reservation was arrived at and to commence the State Counselling without the reservation provided in the impugned notice. 

Doctors had also requested that the Department be directed to forego the adoption of the 40 per cent reservation and instead provide an incentive of 10 per cent of the marks earned for each year in service in remote locations, up to a maximum of 30 per cent of the marks earned.

Share this article:

Leave a feedback about this

Trending Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM


Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email