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No med seat quota for children of govt staff in Goa, says high court

No med seat quota for children of govt staff in Goa, says high court

Time of Indiaa day ago
Panaji:
The HC of Bombay at Goa on Thursday quashed and set aside the benefit of 3% reservation to children of central and state govt employees seeking admission to any medicine course at state-run institutes through National Eligibility Cum Entrance Test (NEET).
With this order, the 3% reservation in degree courses of MBBS, BBS, BDS, BHMS, BAMS, AHS and BSc (nursing) in colleges in Goa, granted to children of persons residing in Goa who don't meet the residential requirement, stands cancelled.
A division bench of Justices Bharati Dangre and Nivedita Mehta passed the order following a petition by a parent who had sought quashing the clause in the prospectus of the director of technical education which granted the reservation.
The bench said that the reservation doesn't withstand the scrutiny of Article 14 of the Constitution and that when a state attempts to create a reservation in favour of any class, it would be necessary to introduce it by law.
'We must express that merit, and merit alone, must be allowed to explore to the fullest extent, for every seat is to be filled in on merits, which receive relaxation by reservation contemplated by the Constitution or by a statute or any law made by the state legislature,' the HC said.
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Senior advocate Subodh Kantak, representing the petitioner, told the court that govt created a special category by reserving 3% (5 of 180) seats, and that this dilutes the merit. He said that govt has no power to provide such a reservation.
Advocate general Devidas Pangam said state is empowered to take a policy decision for the benefit of a particular class to benefit children of state or central govt and central govt public sector undertakings, including defence and paramilitary personnel, who, on account of their service exigencies like transfer, deputation, and retirement, made it impossible for their wards to pass the qualifying examination from schools from Goa and couldn't reside in Goa for a minimum of ten years.
'By applying the test of merit, when we peruse Clause 5.7 which has created a special category and reserved 3% seats — 5 seats — in GMC, Bambolim, having an intake capacity of 180 seats, we must appreciate the argument that it dilutes the merit. Also, there is no power with state to provide such a reservation and we agree with the petitioner on both counts,' the HC said.
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