Muskan Khan vs Union Of India on 8 September, 2023

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Madhya Pradesh High Court

Muskan Khan vs Union Of India on 8 September, 2023

An interim order was granted on 05.09.2023 directing the respondents No.4 and 5 to permit the petitioner to appear in the MOP up round which was scheduled to commence from 06.09.2023 and to participate in the M.P. State Combined NEET Under Graduate Counselling as Unreserved GS category as per merit instead of OBC-GS.

Presently, I.A.No.13728 of 2023 is filed seeking modification of the said order by directing the respondents to allot a seat to the petitioner in the second round of counselling against the vacant seat of Unreserved-GS category. It is contended by the learned Senior Counsel appearing for petitioner's counsel that the respondents are committing an error in not considering the case of the petitioner. That the petitioner is far more meritorious to other candidates to whom seats have been allotted in Government schools. That in view of the denial of the seat to the petitioner, the said seats have now been transferred to the general pool of the same category.

The same is disputed by the learned Additional Advocate General by placing reliance on the judgment of Hon'ble Supreme Court in the case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission and others reported in (2007) 8 SCC 785.

Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 9/8/2023 7:17:50 PM 2

However, on considering the same, we are of the view that the petitioner is entitled for the modification of the said interim order. So far as the Unreserved-GS category is concerned, all those who have applied in the said category would first be entitled to be considered on merit for the unreserved category in the GS classification. It is only thereafter that the students will be considered for the reserved category. In the instant case, the same is not being done by the respondents and furthermore, as per the say of the learned Additional Advocate General, since the seats have fallen vacant, they are now being transferred to the unreserved category. The contention of the petitioner is that there were 90 seats in the unreserved category and only 10 seats have been filled up. Therefore, there still remains another 80 seats that are required to be filled up from the category belonging to the UR of GS. Therefore, we do not find it just and appropriate that the petitioner should be denied the opportunity. Furthermore, it is contended that the score of the petitioner is far higher than the other candidates who have been selected. Therefore, keeping in mind the entire object of having the special classification from the Government Schools, the said object can be achieved only if the students coming from the Government Schools are entitled to participate in their own right. They cannot be denied the seat by interpretation of the rules or otherwise especially when the seats are going abegging. Moreover the petitioner is entitled to be considered on merit in the UR-GS category at first which is not being done. Hence, the action of the respondents is prima facie not appropriate Hence, the interim order granted on 05.09.2023 is modified to the extent of directing the respondents No.2 to 5 to allot the seat to the petitioner in the second round of counselling against vacant seat of UR-GS category keeping in Signature Not Verified mind the merit of the petitioner and others.

Signed by: CHRISTOPHER PHILIP Signing time: 9/8/2023 7:17:50 PM 3

The respondents are at liberty to file an application for vacation/modification of this order.

I.A.No.13728 of 2023 is accordingly disposed off.

                              (RAVI MALIMATH)                             (AVANINDRA KUMAR SINGH)
                                CHIEF JUSTICE                                      JUDGE

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Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 9/8/2023
7:17:50 PM

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Madhya Pradesh High Court