"Issue Already Stands Referred To SC's Larger Bench": MP High Court Disposes Plea Challenging 100% Reservation In 600 PG Medical Seats
The Madhya Pradesh High Court last week disposed of the Writ Petition challenging 100% reservation in Post Graduate Medical seats holding that it is against the propriety to take a view on an issue that has already been referred to a Larger Bench for reconsideration.The Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay K Shukla held so while hearing the plea filed by...
The Madhya Pradesh High Court last week disposed of the Writ Petition challenging 100% reservation in Post Graduate Medical seats holding that it is against the propriety to take a view on an issue that has already been referred to a Larger Bench for reconsideration.
The Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay K Shukla held so while hearing the plea filed by the Association of Private Universities and Medical Colleges challenging the 100% reservation made for Domicile candidates from Madhya Pradesh and candidates who had completed MBBS from the Medical Colleges of the State.
The High Court held that since the two-Judge Bench of the Supreme Court in the matter of Dr. Tanvi Behl v. Shrey Goyal and Ors. (2020) 13 SCC 675 had already referred to the issue of Domicile reservation in PG Courses to the Larger Bench, therefore the High Court should not take any view on the same.
The background
"Decision of the question whether in view of Section 8 of the Act of 2007, the State Government is empowered to only provide reservation in favour of SC/ST/OBC and further whether the State can identify the source of admission from amongst candidates domiciled in the State of Madhya Pradesh, as a separate class, has to await the answer of reference by the Larger Bench in Dr.Tanvi Behl (supra), in which the Supreme Court after considering the Constitution Bench judgments in Saurabh Chaudari (supra) and D.P. Joshi (supra) and three-judge bench judgment in Pradip Tandon (supra) held that "domicile/residence-based reservation is not impermissible" and that "domicile/residence-based reservation has not been taken as an anathema altogether to these admission processes." The Supreme Court has therein distinguished the judgment in Nikhil Himthani (supra), Vishal Goyal (supra) and Kriti Lakhina (supra) relied upon by the learned counsel for the petitioners and held that "it is dif icult to cull out that domiciles/residence-based reservation is altogether disapproved." It was however held that "the manner of providing such reservation would always remain subject to requirement of rationality and reasonableness." Considering the fact that similar preference on the basis of domicile for admission to PG medical study courses has been given in several other States and in State of Madhya Pradesh also, it has been given quite for some time, propriety demands that the question as to what extent preference on the basis of residence/domicile can be given, having already been referred to the Larger Bench of Supreme Court in Dr.Tanvi Behl (supra), need not be dilated further in the present proceedings, to await the authoritative pronouncement of the Supreme Court when it answers the reference, particularly when the process of admission in the current academic year has already come to an advance stage. In view of reference on the question of law involved in the present matter having already been referred to the Larger Bench of the Supreme Court in Dr. Tanvi Behl (supra), this Court does not for the time being deem it appropriate to interfere with the impugned provision. It however goes without saying that the decision of the Supreme Court in Dr. Tanvi Behl (supra) on the questions referred to the Larger Bench shall in any case bind the parties herein."
However, the Court did clarify that the decision of the Supreme Court in Dr. Tanvi Behl (supra) on the questions referred to the Larger Bench shall, in any case, bind the parties herein.
The Petitioner Association of Private Universities and Medical Colleges was represented through Advocate Mr. Siddharth R Gupta, whilst the State was represented through Advocate Mr. B D S Thakur.
Case title - Association of Private Universities, Madhya Pradesh and another v. State of Madhya Pradesh and others
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