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(14 of 43) [SAW-396/2020]

(c) The State Government shall be free to fill EWS 10% quota by applying plain roster of 10%. The roster of direct recruitment shall not be applicable for the said purpose. The EWS reservation shall apply as per roster to the only seats which are made available by MCI for implementation of EWS quota vide letter dated 27/02/2020.

12. Learned Advocate General further submits that on 1.11.2019 National Board of Examinations invited applications for NEET PG 2020 examination. The petitioners filled the forms for NEET PG 2020 in General / UR category and appeared in the examination held on 6.1.2020, result whereof was declared on 20.1.2020. Thereafter admission process was started as per schedule. On 17.3.2020, the State Counselling Board began the process of allotting PG Medical Degree colleges for academic year 2020-21 by inviting applications for counselling, but due to outbreak of COVID-19, the dates were extended and fresh notice was issued on 10.4.2020. The last date for online choice filling and locking of the seats for the candidates was 18.4.2020. Learned Advocate General submits that seat matrix were submitted by two Government Medical Colleges namely S.P. Medical College, Bikaner and Jhalawar Medical College, Jhalawar, according to which they added the increased seats in the seat matrix furnished before the first round of counselling. On 21.4.2020, a combined provisional merit list of 142 candidates was published belonging to EWS reservation. Thereafter, on the basis of ranking in combined merit list, the candidates were given a chance for online choice filling and locking of preferred PG medical stream available in Government Medical Colleges. Accordingly, the candidates in the merit, submitted their preferences for colleges. On 26.4.2020, a provisional online allotment list was published. Subsequently on 30.4.2020, the State Government communicated its decision to (21 of 43) [SAW-396/2020] implement 10% EWS reservation in PG courses in Government Medical Colleges and immediately thereafter the revised seat matrix was sent to the Counselling Board. Soon thereafter the revised seat matrix was submitted by the remaining four Government Medical Colleges for adding the newly sanctioned seats. Learned Advocate General further submits that the petitioners submitted their applications and nobody raised the objection at that point of time and thus, the petitioners are now estopped from challenging the counselling process.

Further, it is also not the case of the petitioners that they were not aware that 10% of the seats would be allotted to candidates belonging to the EWS. The Department of Personnel, Government of Rajasthan had issued a UO Note as early as 22.02.2019 to the effect that 10% of the total seats would be reserved for candidates belonging to EWS in educational institutions across the state. Further, another letter dated 17.03.2020 had been issued by the Directorate of Medical Education, Government of Rajasthan to ensure the implementation of 10% EWS in NEET PG 2020. In the absence of (34 of 43) [SAW-396/2020] any challenge made to these orders, it was not open for the petitioners to challenge the consequential orders as rightly contended by the learned Advocate General. In Amarjeet Singh and Others Versus Devi Ratan and Others reported in (2010) 1 Supreme Court Cases 417, the Supreme Court observed as follows:

After having heard the arguments made by the learned counsels for both the sides, we do not find any substance in the (36 of 43) [SAW-396/2020] submissions made by the learned counsel for the writ petitioners that the reservation was wrongly applied by the appellants. Pursuant to the 103rd amendment made to the constitution, reservations can be provided to candidates belonging to EWS candidates for admissions to educational institutions under Article 15(6) as noted above. Acting in pursuance of the same, the State of Rajasthan vide its order dated 22.02.2019 provided for EWS reservation to the extent of 10%. Further, another letter dated 17.03.2020 had been written by the Directorate of Medical Education to the Counselling Board to ensure that 10% EWS reservation is implemented for NEET PG 2020. Acting in compliance of the directions of the Central Government and State Government, the Board of Governors (in supersession of the MCI), recommended 89 additional PG seats to the State of Rajasthan, to be filled through NEET PG 2020. A letter dated 13.03.2020 had also been issued by the Government of India to all States to give the benefits of EWS reservation from the Academic Session 2020-21 as per State policy. The appellants provided reservations to candidates belonging to the EWS category to the extent of 10% and thus, the first round of counselling was done for a total of 597 seats, out of which EWS reservation was given subject to the cap of 10% as provided by Article 15(6) and the order dated 22.02.2019 passed by the Department of Personnel, Government of Rajasthan. It is also important to mention here that the order dated 22.02.2019 and the letter dated 17.03.2020 issued by the appellants have not been challenged by the writ petitioners and thus, when the main orders on the basis of which the reservation of 10% was provided (37 of 43) [SAW-396/2020] under EWS was not challenged, consequential orders and the first round of counselling could not have been quashed by the learned single judge.