MOHITA PANDEY Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2022-4-50
HIGH COURT OF MADHYA PRADESH
Decided on April 11,2022

Mohita Pandey Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents




JUDGEMENT

SUJOY PAUL, J. - (1.)In these batch of writ petitions, the petitioners are 'in-service candidates'. It is also not in dispute that being 'in-service candidates' petitioners have a separate source of entry on 30% seats in Post Graduate Medical Courses.
(2.)The process of admission in the Post Graduate Courses are governed by statutory Rules namely Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018 (Admission Rules) made under Madhya Pradesh Niji Vyavsayik (Prevesh Ka Viniyaman Evam Shulk Ka Nirdharan) Adhiniyam, 2007 (Adhiniyam). The petitioners/in-service candidates in these petitions filed under Article 226 of the Constitution have prayed that seats falling under 30% reserved compartment earmarked for 'in-service candidates' the unfilled seats of SC/ST/OBC/EWS category cannot be converted/shifted to the pool of open/direct category till they are first offered to general/unreserved category candidates within the same pool/compartment of 'in-service candidates' by exhausting the list in view of combined reading of Rule 4 and Rule 14 of the Admission Rules.
Petitioners' contentions :-

(3.)Shri Siddharth Radhelal Gupta, learned counsel for the petitioners submits that W.P. No.5668/2022, 5940/2022 and 6229/2022 are exactly similar matters. In these petitions, petitioners are general category candidates and their claim is that if reserved category posts in their pool/compartment are not filled up, same should go down to the petitioners in the same compartment. W.P. Nos.6740/2022 and 6742/2022 are little different matters submits Shri Siddharth Gupta, Advocate because petitioners of these petitions became eligible only in mop-up round. If unfilled seats of same pool are not transferred to open/direct category, the petitioners of these petitions may also get seats of their entitlement.


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