NEET PG Reservation: Several Similar Cases Pending Before SC, Kerala High Court Directs Petitioner To Confirm If They Are Identical Issues

The Kerala High Court on Tuesday elaborately heard the petitioners in a matter that challenged the State circular increasing reservation for Socially and Educationally Backward Classes (SEBC) from 9% to 27% for NEET-PG 2021.

After recording the submissions made by the petitioners, Justice N. Nagaresh posted the matter for further hearing tomorrow. The matter is being taken up on a priority basis considering that the admissions to PG medical courses are to begin soon. 

While referring to a plethora of decisions, Senior Advocate Sukumaran appearing for the petitioners brought the Court's attention to the fact that several similar matters are already pending before the Supreme Court.

Noting the same, the Single Judge directed the petitioners to verify if the matter before the Apex court dealt with identical issues since if that is the case, it would be inappropriate for the High Court to adjudicate the case.

The petitioner's counsel also elaborated on the disadvantages of vertical and horizontal reservations cutting each other. The Court noted down all the submissions posed in this regard. 

The development ensued in a matter where a group of MBBS graduates had challenged a recent circular issued by the State government increasing reservation for the SEBC in postgraduate courses.

NEET-PG: MBBS Graduates Approach Kerala High Court To Quash State Circular Granting 27% Reservation To SEBC

The primary contention of the petitioners is that a recent revision of the number of seats to various reserved categories as provided by a recent State circular is in violation of constitutional norms causing serious prejudice to the merit candidates.

The petitioners pointed out that the Supreme Court had considered the constitutionality of reservations in the postgraduate and super speciality courses on various occasions and has established that at these levels, reservations have to be minimal.

Therefore, they contend that the decision of the State goes against the spirit and content of the Supreme Court decision.

Reliance was placed on another Apex Court decision of Dr. Preethi Sreevasthava v. State of MP where it was explicitly laid down that reservation at the super specialisation level would lead to dilution of merit.

Case Title: Dr. Sreeparvathy & Ors. v Commissioner of Entrance Examinations & Anr.