The Punjab and Haryana High Court on Thursday stayed Haryana government’s decision of providing 10% reservation of seats for Economically Backward Persons (EBP) in MBBS course at Pt. BD Sharma University of Health Sciences, Rohtak, which takes the total reservation of seats in various categories to 60 per cent, in violation of Supreme Court guidelines.
The division bench comprising Justices Rajesh Bindal and Darshan Singh ordered, “No admissions on the basis of notification/instructions issued for providing reservation to Economically Backward Persons (EBP) in general category shall be made for the session in question and onwards.”
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The order came while hearing two appeals filed by MBBS admission candidates Kalindi Vashishtha and Rageshwari Singh. The court further clarified, “Even the candidates who have already been admitted on the basis of reservation for EBP in General Category in pursuance to the order passed by this court on 8.9.2016 will not be entitled to the benefit thereof, as even the process of admission is still in progress and classes have not yet commenced.”
Adjourning the case for further hearing to January 20 next year, the court permitted Pt BD Sharma University of Health Sciences to carry out fresh counseling, if required.
Appearing for the petitioner, Advocate Sumeet Goel argued that reservation of over 50 per cent seats by the varsity is in contravention of the 50 per cent ceiling stipulated by the Supreme Court in “Indira Sawhney Vs Union of India” case of 1992 and reiterated in “M. Nagaraj and ors Vs Union of India and ors” in 2006.
Goel submitted that 10 per cent of the MBBS seats reserved for EBP category comes to 47 and these seats should be filled from the General (Unreserved) category.
The counsel also requested the court to stay the Haryana government’s notification issued on January 23, 2013, and September 27, 2013, as the 10 per centreservation of seats for EBP is emanating from these notifications.