New Delhi: Observing that the reservation criteria cannot be changed at the last minute, the Supreme Court on Wednesday denied to entertain a plea filed by a disabled candidate belonging to the general category seeking admission in the Master of Medicine course in Dermatology in a medical college in West Bengal.
The candidate had challenged the State's policy of not reserving any seat for admission to dermatology course even though it had reserved 27 seats for physically challenged candidates.
After considering the matter, the Apex Court bench comprising Chief Justice of India DY Chandrachud, Justices PS Narasimha and JB Pardiwala dismissed the plea.
However, the bench has allowed the petitioner student to approach the court and show how the reserved seats for physically handicapped students were not synced properly.
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As per the latest media report by Live Law, the petitioner student sought admission to MD Dermatology course in a medical college in West Bengal. He pointed out that even though the State had 27 seats reserved for physically challenged candidates, no such reservation was available for the dermatology department. Therefore, there existed no PwD quota for the dermatology department, where the petitioner student wanted to enroll.
Challenging the State's policy in this regard, the petitioner student claimed that this was arbitrary and discriminatory.
On the other hand, the counsel for the State argued that there were reserved seats in the All India Quota and not in the State Quota. Further pointing out that the petitioner student did not get a seat through the All India Quota, the State Counsel submitted, "State does not give dermatology reservations. The 27 seats were reserved for the physically handicapped. State exercises the roster power allocated the seats. Unless it is manifestly arbitrary, it cannot be interfered with. He applied under general medicine and is holding the seat."
After taking note of the submissions, CJI Chandrachud denied to entertain the plea. He further observed, "At this stage we cannot alter the reservation because there will be some other kid who would be affected. It is last minute. For the next step come back to us, we will make a committee. The approach will be very different. They will have to sit down and change the reservation. You can come next time and show us how quota seats for PWD is not properly in sync."
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