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HC-NIC                                      Page 10 of 42     Created On Wed Aug 16 05:49:19 IST 2017
                                                                                                    10 of 42
              C/SCA/8310/2017                                                          JUDGMENT

service candidates in Postgraduate Degree Courses is no more a res-integra in view of the judgment of Hon'ble Supreme Court in the case of State of Uttar Pradesh and Others vs. Dinesh Singh Chauhan reported in (2016)9 SCC page 749. It is further submitted that so far as reservation to physically disabled person, as contemplated under Rule 7 of the Gujarat Professional Postgraduate Medical Educational Courses (Regulation of Admission) Rules, 2017, is to be effected by treating the same as horizontal reservation is concerned, the respondent State authorities are not applying the same as horizontal reservation. It is also the contention of learned counsel that if one physically disabled candidate gets admission on one's own as per the merit secured, such admission cannot be counted against 3% quoto reserved against physically challenged persons. In support of his stand, the learned counsel has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Rajesh Kumar Daria vs. Rajasthan Public Service Commission and Others reported in (2007)8 Supreme Court Cases 785.

17. Having heard the learned counsels appearing for the respective parties, we have perused the material on record.

18. So far as the writ petition being Special Civil Application No.8310 of 2017 is concerned, there are two issues arise for consideration. In the said petition, it is the case of the petitioners that there cannot be any reservation to in-service candidates so far as Postgraduate Degree Courses are concerned. The very issue fell for consideration before the Hon'ble Supreme Court in Dinesh Singh Chauhan(supra). In the aforesaid judgment, in clear terms, the Hon'ble Supreme Court has held that no such reservation is permissible so far as admission to Postgraduate Degree Courses are concerned. In the said case, while interpreting Clauses (IV) and (VII) of Regulation 9 of the Medical Council of India Postgraduate Medical Education Regulations, 2000, the Hon'ble Supreme Court has held that reservation is permissible only for Postgraduate Diploma Courses and not for Postgraduate Degree Courses. In that view of the matter, we are of the view that such issue is no HC-NIC Page 14 of 42 Created On Wed Aug 16 05:49:19 IST 2017 14 of 42 C/SCA/8310/2017 JUDGMENT more res integra and is squarely covered in favour of the petitioners to hold that there cannot be any reservation for Postgraduate Degree Courses for in- 



HC-NIC                                      Page 31 of 42     Created On Wed Aug 16 05:49:19 IST 2017
                                                                                                    31 of 42
              C/SCA/8310/2017                                                          JUDGMENT

service candidates in Postgraduate Degree Courses is no more a res-integra in view of the judgment of Hon'ble Supreme Court in the case of State of Uttar Pradesh and Others vs. Dinesh Singh Chauhan reported in (2016)9 SCC page 749. It is further submitted that so far as reservation to physically disabled person, as contemplated under Rule 7 of the Gujarat Professional Postgraduate Medical Educational Courses (Regulation of Admission) Rules, 2017, is to be effected by treating the same as horizontal reservation is concerned, the respondent State authorities are not applying the same as horizontal reservation. It is also the contention of learned counsel that if one physically disabled candidate gets admission on one's own as per the merit secured, such admission cannot be counted against 3% quoto reserved against physically challenged persons. In support of his stand, the learned counsel has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Rajesh Kumar Daria vs. Rajasthan Public Service Commission and Others reported in (2007)8 Supreme Court Cases 785.

17. Having heard the learned counsels appearing for the respective parties, we have perused the material on record.

18. So far as the writ petition being Special Civil Application No.8310 of 2017 is concerned, there are two issues arise for consideration. In the said petition, it is the case of the petitioners that there cannot be any reservation to in-service candidates so far as Postgraduate Degree Courses are concerned. The very issue fell for consideration before the Hon'ble Supreme Court in Dinesh Singh Chauhan(supra). In the aforesaid judgment, in clear terms, the Hon'ble Supreme Court has held that no such reservation is permissible so far as admission to Postgraduate Degree Courses are concerned. In the said case, while interpreting Clauses (IV) and (VII) of Regulation 9 of the Medical Council of India Postgraduate Medical Education Regulations, 2000, the Hon'ble Supreme Court has held that reservation is permissible only for Postgraduate Diploma Courses and not for Postgraduate Degree Courses. In that view of the matter, we are of the view that such issue is no HC-NIC Page 35 of 42 Created On Wed Aug 16 05:49:19 IST 2017 35 of 42 C/SCA/8310/2017 JUDGMENT more res integra and is squarely covered in favour of the petitioners to hold that there cannot be any reservation for Postgraduate Degree Courses for in-