JUDGEMENT
N.NAGARESH,J. -
(1.)The petitioners, who are working as Assistant Surgeons in Government Primary/Community Health
Centers, are before this Court seeking to quash Clause
6/6/11 and Clause 6/6/12 of Ext.P9 Prospectus for admission to Medical Postgraduate Degree Courses
2021-2022 and to declare that Ext.P9 Prospectus to the extent to which it does not prescribe 50% reservation for
candidates who have served in rural/difficult rural areas as
bad in law and unsustainable.
(2.)The petitioners aspire to study the Medical PG Course of Doctor of Medicine (MD). The 1st petitioner is
working in a Difficult Rural Area and the 2nd petitioner in a
Rural Area. They appeared in the National Eligibility cum
Entrance Test (NEET) PG 2021 and secured All India Rank
40151 and 22849 respectively. The petitioners applied for PG Medical 2021 for the State Quota seats.
(3.)As per Clause 6/6/11 of Ext.P9 Prospectus, 10% of State Quota seats is earmarked for Government Service
Quota candidates. The petitioners state that Ext.P14 G.O.
does not give any split up of seats within the service quota.
Ext.P9, however, splits up the service quota among three
different services. Splitting up of in-service quota seats has
an adverse effect on merit, contends the petitioners.
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