Veeresh S. M. v. Department Of Health And Family Welfare (medical Education) Rep. By Its Secretary Vikas Soudha-560 001
2022-12-09
ALOK ARADHE, J.M.KHAZI
body2022
DigiLaw.ai
JUDGMENT Alok Aradhe, J. - Mr.Vijaya Raghava Sarathy H.M, learned counsel for petitioner. Mr.Laxmi Narayana, learned Additional Government Advocate for respondent Nos.1 and 2. Mr.N.Khetty, learned counsel for respondent No.3 Mr.N.K.Ramesh, learned counsel for respondent No.4 Mr.K.M.Thirthappa, learned counsel for respondent No.6. 2. In this petition, the petitioner inter-alia seeks quashing of order of allotment by which respondent No.6 has been allotted a seat in PG M.D.Paediatrics at Shivamogga Institute of Medical Science as an in-service candidate. 3. The facts giving rise to filing of this petition briefly stated are that the petitioner is an in-service candidate and on appearing PGET examination conducted by National Medical Council. The petitioner succeeded in the entrance test and has secured 344 marks out of 800 marks. The cut off marks is 275 for general category candidates, whereas the cut off marks is 245 to the candidates belonging to the Scheduled Caste and Scheduled Tribe and for other backward class candidates. 4. For PGET examination in respect of in-service candidates 15% was fixed. The fixation of the aforesaid quota was challenged in a writ petition before this Court in W.P.No.20512/2022 which was allowed by a Division Bench of this Court by an order dated 21.10.2022. 5. In compliance of the aforesaid order, the State Government enhanced the quota for in-service candidates from 15% to 20%. Thereafter, the seat matrix was accordingly re-fixed. As per the increase percentage from 15% to 20% for in-service candidates, one seat in M.D.Paediatrics was reserved for Scheduled Caste category candidates. 6. The National Medical Council by order dated 19.10.2022 reduced the cut off marks for NEET PG examination by 25% percentile the category and issued revised qualifying percentile. As a result of non-qualifying percentage, respondent No.6 became eligible for allotment of a seat under the Schedule Caste category in-service candidate. Respondent No.6 therefore participated in the counseling and was allotted a seat in M.D.Paediatrics as in-service candidate under the Scheduled caste category. In the aforesaid facts of the ground, the petitioner has filed this petition. 7. Learned counsel for the petitioner submitted that by an order dated 19.10.2022, the National Medical Council has reduced the percentile marks and respondent No.6 therefore could not have been admitted to PG course in first round of counseling. 8.
In the aforesaid facts of the ground, the petitioner has filed this petition. 7. Learned counsel for the petitioner submitted that by an order dated 19.10.2022, the National Medical Council has reduced the percentile marks and respondent No.6 therefore could not have been admitted to PG course in first round of counseling. 8. On the other hand, learned Additional Government Advocate has pointed out that after 19.10.2022 only counseling was held and therefore, respondent No.6 was a in-service candidate under the Scheduled Caste category and was admitted to the course as per the entitlement. 9. We have considered the submission of both sides and have perused the record. 10. Admittedly, by an order dated 19.10.2022, the percentile criteria was reduced for all categories. It is also not in dispute that after the issuance of order, the counseling was held. It is also not in dispute that respondent No.6 became eligible to participate in the counseling in view of the reduction of the qualifying percentile. Respondent No.2 has been admitted as in-service candidate under the Scheduled Caste category in M.D.Paediatrics. The petitioner is a candidate belonging to General Merit category. It is also not in dispute that as per the roster, the seat in M.D.Paediatrics is reserved for Scheduled Caste category candidate. 11. The grievance of the petitioner therefore is misconceived. Respondent No.6 has been admitted to the course as per the eligibility, in view of the order dated 19.10.2022 issued by the National Medical Council. 12. For the aforesaid mentioned reasons, we do not find any merit in this petition. In the result, the petition fails and hereby dismissed.