Himachal Pradesh High Court
Rajat Bhardwaj & Ors vs . State Of Hp. & Ors. on 30 September, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
Rajat Bhardwaj & Ors Vs. State of HP. & Ors.
CWP No.6819 of 2022 .
30.09.2022 Present: Mr. Vishwa Bhushan, Advocate, for the petitioners.
Mr. Ajay Vaidya, Senior Additional Advocate General, for respondent Nos. 1 to 3.
Mr. Dinesh K. Thakur, Advocate, for respondent No.4.
CWP No.6819 of 2022 & CMP No.13695 of 2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Dinesh K. Thakur, learned Standing Counsel, appear and waive service of notice on behalf of respondent Nos.1 to 3 and respondent No.4, respectively.
2. The petition was listed on 27.09.2022 and 29.09.2022.
In deference to the suggestions of the Court, a Committee was constituted by the Government vide notification dated 29.09.2022 to re-consider the reservation roster for Post-Graduation admissions to the various Medical Colleges of the State of Himachal Pradesh for the academic year 2022 published via PG Prospectus.
3. Learned Senior Additional Advocate General has submitted that the said Committee, after due deliberations on various issues for application of reservation roster and after considering its pros and cons, has submitted its report dated 29.09.2022 alongwith the suggestions and recommendations to the Government. The Committee comprises of the following members:-
1. Dr. Sita Thakur, Principal IGMC Shimla.::: Downloaded on - 01/10/2022 20:02:43 :::CIS
2. Sh.Rajiv Kumar, Additional Director S/o DHS HP Shimla.
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3. Dr. Balbir Verma, Professor Medicine IGMC Shimla.
4. Dr. Jagdeep Thakur, Professor ENT IGMC Shimla.
5. Smt. Ankita Verma, Deputy Director (Legal) O/o DHS, HP Shimla.
4. Last three paragraphs of the report of the Committee read as under:-
"The committee after going through the prospectus issued by the Atal Medical & Research University HP for the centralized counseling and admission for Post Graduate Degree (MD/MS/DNB) for the session 2022-23,had found that the same was issued by applying a fresh 40 point roster as well as a fresh 6 point roster specialty wise, both from point no. 1, (i.e. starting from point no 1 in each department /speciality) instead of previously continuously running 40 point roster till the academic session 2021-22, based on the addition/ amendments incorporated on the recommendation of the prospectus review committee, with regard to 40 point reservation roster and 6 point roster in terms of the Govt. letter dated 23-7-2022.
After going through the above clauses with regard to 40 point reservation roster and 6 point roster in the prospectus in the academic session 2022-23, the committee has observed that by doing so, the overall percentage of category wise 40 point reservation as well as 6 point roster was/is being disturbed by way of inappropriate ratio.
Hence after going through the complete records, previous data as well as past practice, the committee after detailed deliberations was/is of an unanimous view and further recommends that instead of applying a fresh 40 point reservation roaster and 6 point roaster, we may continue with the running overall 40 point reservation roster irrespective of the any specialty from point no 28 onwards (as already exhausted up to point No. 27 during the preceding session) and further to continue with the ::: Downloaded on - 01/10/2022 20:02:43 :::CIS running 6 point roster specialty wise from where it was exhausted in the academic session 2015-16 in the same .
manner, more particularly when pursuant to the subsequent directions of the Hon'ble Supreme Court, the Govt. has again resorted to the same pattern of ratio of reservation between the In service GDO category candidates (66.6%) and direct candidate (33.3 %), which reservation pattern has again to be applied on the same analogy from the current academic session i.e. 2022-23.
However, the committee was/is of further unanimous view that by continuing with the above recommendation, the overall percentage of category wise 40 point reservation as well as 6 point roster with regard to 66.6 % and 33.3% in respect of in service GDO Category and direct category respectively will be maintained almost in the proper ratio."
5. We record statement of learned Senior Additional Advocate General that in accordance with the decision of the Committee, the first round of counselling shall be held afresh.
6. Let the respondents file reply-affidavit alongwith the aforesaid minutes of the meeting of the Committee and also decision of the Government, if any.
Stand over till 17.10.2022.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
September 30, 2022 Judge
R.Atal
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