The Supreme Court on Monday directed the Maharashtra government to ensure seats are made available following the scrapping of 10% Economically Weaker Section quota in post graduate medical and dental courses and are filled up strictly in accordance with merit.
“There can be no question of exclusion of any meritorious candidate irrespective of the category provided, the candidates get cut-off marks as required for the general category,” a bench of Justices Indira Banerjee and Ajay Rastogi said.
The top court, however, dismissed a plea advanced by senior advocate Sanjay Hegde on behalf of the general category candidates that June 4 order by the apex court that no other court would now deal with the issue of admission to PG courses in Maharashtra.
The counsel contended a matter arising out of an Ordinance to overcome a previous apex court's order related to Maratha reservation was pending before a Nagpur bench of the Bombay High Court. The June 4 order would come in the way of the high court's proceedings, he said.
Additional Solicitor General A N S Nadkarni, appearing for the Maharashtra government, submitted that the plea was not maintainable as the apex court's order was clear.
“We are not willing to touch the order. There is no scope for change. There is no ambiguity,” the bench said, dismissing the plea.
The court also declined a plea for modification of June 4 to exercise fresh choice on allotment of PG medical and dental seats this year.
The court had on June 4 told the Maharashtra government to complete 'final' counselling for general candidates, who got admission to PG medical and dental seats, by June 14.
It had also directed for reshuffling of seats, days after it had on May 30 declared that there can't be 10 % quota for economically weaker sections, brought in by the constitutional amendment this year.
On the candidates' plea, the court had also extended the deadline for admission from June 4 to 14.
The court, however, had clarified that the candidates would not be allowed to change preferences made at the time of filling up the admission form.