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Thursday, October 29, 1998

SC upholds decision on admissions

EXPRESS NEWS SERVICE  
AHMEDABAD, Oct 28: The Supreme Court on Tuesday held as correct the 27 per cent reservation policy for admission to medicine and engineering courses for the socially and educationally backward classes (SEBC) students, ending over two months of uncertainty facing some 15,000 students.

After the ruling, the centralised admission committee announced that the admission process would begin by the end of first week of November. A statement from the committee said that interview call letters were being dispatched to the candidates. The entire litigation began in a petition filed by Dimple Shah & Others seeking direction to the state government to keep reservation for SEBC students to 10 per cent, and not 27 per cent, without creating 17 per cent additional seats, as assured by a government resolution dated February 23, 1994.

The petition, in other words, challenged the government resolution dated July 10, 1998, denotifying Rule 6 of admission rules for medical and engineering courses. According to Rule 6, SEBC students will get admission on reserved seats provided the difference between the marks obtained by the SEBC students and those by open category students is not more 5 per cent at each college.

However, Justice Parikh had rejected this petition, but held that the interim formula for reservation will be used for this year and that 27 per cent reservation will get operational from the next academic year. According to this formula, of the 27 per cent sears reserved for SEBC students, 10 per cent are reserved for admission through Rule 6, 8.5 per cent without Rule 6, and the remaining 8.5 per cent for meritorious SEBC students.

But the single-judge's order was challenged. In an interim relief, division bench of Justice C. K. Thakker and Justice A. M. Kapadia had stayed that part of single-judge's order which said that 27 per cent reservation for SEBC students will get operational from the next academic year.

But the division bench admitted a letters patent appeal (LPA) which challenged single judge order holding that 27 per cent reservation for SEBC students is a correct policy.

Government pleader Prashant Desai and additional advocate general S N Shelat appeared for the State government. Advocates Bhaskar Tanna and Dhaval Dave appeared for Dimple Shah & Others. Senior advocates Haroobhai Mehta and Girish Patel appeared for the Council for Social Justice, representing SEBC students.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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