A day after striking down the State government order to provide quota under SEBC in PG medical seats, the Nagpur bench of Bombay High Court on Friday refused to clarify on which grounds it quashed the order.
The Maharashtra CET cell has filed a plea in the high court seeking clarification on why it held quota under for Marathas in the post graduate medical courses.
The high court however, refused to entertain this plea. It said the petitioners in this case are not from SEBC category, hence there is not scope for clarification. It also rammed the CET Cell for filing plea.
A bench of justice Sunil Shukre and justice Pushpa Ganediwala heard the case. The HC had on Thursday said that 16 per cent reservation for the Maratha community under the Socially and Economically Backward Classes (SEBC) category will not be applicable for post-graduate medical courses this year. On March 8, the state government had written to the Directorate of Medical Education and Research (DMER) to incorporate the SEBC quota from the 2019 academic session in the PG medical courses.
Shivani Raghuwanshi and Pranjali Charde moved the Nagpur bench of the Bombay High Court contending that the government’s decision to introduce the quota this year was unconstitutional. Appearing for the petitioners, advocate Ashwin Deshpande argued that the SEBC Act (which provided the new quota) came into force on November 30, 2018, while the admission process for the PG medical courses had started prior to that, on October 16.
Therefore, the provisions of the Maratha Quota Act would not be applicable to this year’s admissions, he contended. A division bench of Justices Sunil Shukre and Pushpa Ganediwala said in their order that the March 8 notification (about the implementation of the new quota) shall not be applicable to the admission process, which had started earlier.
