New Delhi: In a setback to meritorious students affected by 69 per cent quota, the Supreme Court on Monday declined to entertain a writ petition for a direction to create extra seats in medical colleges to accommodate those who could not get admission on the basis of Neet marks.
A Bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud dismissed the petition filed by minor Thiruma Magal taking note of the submissions of Medical Council of India that no further extension for admissions could be permitted. The Bench said the larger issue on validity of 69 per cent quota would be examined separately in a batch of pending writ petitions.
Earlier senior counsel, K.M. Vijayan and counsel, Sivabala Murugan drew the attention of the Court to similar orders passed every year for the benefit of those affected by the 69 per cent quota. Senior counsel, Rakesh Diwedi appearing for the state also said similar orders could be passed for this year. However, counsel, Gaurav Sharma appearing for MCI, said any such order would disturb the admission process.
Although Mr Vijayan submitted that there was no delay on their part as Neet based admissions commenced in Tamil Nadu only on August 28, the Bench dismissed the petition.
The petitioner had contended that she could not get into medical colleges due to the 69 per cent quota law, which has been challenged on the ground that the quota exceeds the 50 per cent contemplated in the Mandal Commission judgment.
The total seats available in government medical colleges in Tamil Nadu are 2,652 and out of the same if 50 per cent reservation is followed, it accommodates up to rank 1,326 in government colleges. With a further 400 government seats in private colleges, altogether up to merit rank 1,726 can be accommodated.
The petitioner who got rank 1,138 is from the forward community and missed selection in open category due to 69 per cent reservation. Under normal conditions, she would have got admission to any of the government medical colleges. She had therefore prayed for creation of additional seats to accommodate her.
