HC stays MDS selection list till Apr 10

Nagpur: The Nagpur bench of Bombay high court on Thursday stayed the publication of the selection list for masters in dental surgery that was to be released on April 5. The stay was imposed till the next hearing on April 10, after two aspirants moved the court alleging discrimination in Socially and Economically Backward Classes (SEBC) quota seats allotted in government and private medical colleges in the state.
The petitioners — Dr Shivani Raghuwanshi and Dr Pranjali Charde — have sought relief in the form of declaring the GR dated March 8, 2019, unconstitutional, and a direction that the procedure adopted by respondents is not in accordance with the law.
The Maharashtra government through its secretary, department of medical education and drugs, State CET Cell, Directorate of Medical Education and Research, and MUHS at Nashik have been made respondents in the case.
The petitioners submitted that seats for SC, ST, VJ, NT, OBC, EWS and open were distributed from ‘total available seats’, i.e. seats left after deducting NRI quota seats. However, SEBC quota was calculated on the basis of ‘total seats’, i.e. number of seats before deducting NRI quota seats, which is a discrimination in itself under Article 14 of Constitution.
The Maharashtra government had introduced 16% reservation through SEBC Act last year for admissions in educational institutions. On the basis of the act, state government issued a GR granting 16% reservation to Maratha community and SEBC from total seats, which affected students from other categories.
Currently, 383 seats are available in private dental colleges in state. Of these, 36 seats were reserved for OBC and 61 for SEBC. On the other hand, out of 469 private medical college seats, OBC will get 45 while SEBC will get 75 seats. While fixing these reservations, the CET considered ‘total seats’ in private colleges.
However, in government dental and medical colleges, it is not clear whether reservation for SEBC and other categories was fixed from total seats or total available seats.
As per the GR, the state CET issued revised provisional seats in 21 private colleges in Maharashtra, in which 184 out of 383 seats are reserved for NRIs, which leaves only 199 seats for others. After revised provisional seats were issued, SEBC seats were calculated from total seats of 383 while other reserved category were calculated from total available seats of 199.
The respondents had issued provisional lists of seats for open and reserved category in four government colleges and hospitals in Maharashtra, which consisted of 42 total seats. The petitioners want the quota for other categories as well as SEBC be allocated on the basis total seats, and not total available seats.

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