The 16 per cent reservation under SCBC in which Maratha and others come, will not be applicable in the first phase of admissions into the Post Graduate (PG) medical program which started on November 30, 2018. The Supreme Court on Thursday gave this decision against a petition filed by the state government in the matter. Judges L. Nageshwar Rao and M. R. Shah gave this decision. The state CET cell will now have to give admissions as per the previous process in the said program.
Dr. Sanjana Wadewale and other students had filed 3 PILs in the Nagpur Bench of the Bombay High Court, opposing the decision of admission under the SCBC quota in the said PG program in medical. The reservations of seats under the SCBC quota for admissions in MDS, MD and MS programs had been challenged in the petitions.
The admission of the petitioners had begun on October 16 and November 2, 2018 and the SCBC act was implemented from November 30, 2018. As per law, the act cannot be implemented with retrospective effect hence this act cannot be implied to the above mentioned admission process.
While admitting the petition on May 2, the Nagpur Bench of Bombay High Court stated that the seats for the PG program in medical cannot be reserved under the SCBC act as the said admission process had started before the act was passed. The decision was given by Judges Sunil Shukre and Pushpa Ganediwala. The state government had challenged the decision in the Supreme Court but the HC’s decision was maintained.
Following the decision of the Apex Court, the state CET cell will have to cancel the admissions given under the SCBC quota. After hearing the key points in all the 3 petitions, the High Court had ordered that the admission in the PG program of Medical will continue without SCBC quota.
However, the students under the SCBC quota were not the applicants in the said matter hence their case did not come to the fore in the Court. In this case, the affected students can approach the High Court for relief.
