A Bench of Justices DY Chandrachud and Surya Kant ordered that one seat for postgraduate medical course be kept reserved for the petitioner and proceeded to issue notice to the State and the National Medical Commission in the matter.
“Till the next date of listing one seat in MS Obstetrics and Gynecology in GMC, Bhopal shall be kept vacant to abide by the final directions of this Court” the order said.
The petitioner, Dr Rajni Shende, was denied the benefit of admissions to State in-service candidate quota. She approached the Madhya Pradesh High Court which declined her relief prompting her to approach the apex court.
Shende had claimed incentivised benefit of 30 per cent reservation and incentive marks each made available to all such doctors posted in remote or difficult areas, but she was denied the same on the ground that the No-Objection Certificate (NOC) from the concerned department was not forwarded in time to the counselling authority.
She had sent the NOC two days before the first round of allotment.
She moved the High Court stating that the State government had given more weightage to external factors than the essential ones and denied her the benefit on technical ground for no fault of her own.
The High Court dismissed the petition, holding that forwarding the NOC was a prerequisite to claim the incentivised benefits in question. It relied on Rules 6 and 14 of the State’s 2018 Admission Rules to say that she could not be given further entitlement towards the reservation.
Source: Barandbench
