LexRAMNARESH @ RINKU KUSHWAH AND OTHERS versus STATE OF MADHYA PRADESH AND OTHERS
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[2024] 8 S.C.R. 916 : 2024 INSC 611 Ramnaresh @ Rinku Kushwah and Others v. State of Madhya Pradesh and Others (Civil Appeal No. 9628 of 2024) 20 August 2024 [B.R. Gavai* and K.V. Viswanathan, JJ.] Issue for Consideration Appellants-meritorious reserved candidates, who had passed from the Government Schools and on their own merit were entitled to be selected against the Unreserved Government School (UR-GS) quota were denied the seats against the open seats in the GS quota, on account of erroneous application of the methodology in applying the horizontal and vertical reservation. They were deprived admission in the Academic Session 2023-24 for MBBS Course against the UR-GS category. High Court whether justified in dismissing the writ petitions filed by the appellants. Headnotes† Reservation – Horizontal and vertical reservation – Misapplication – Madhya Pradesh Education Admission Rules, 2018 – NEET UG 2023 – Vacancies transferred from one category to other categories, out of 89 unreserved seats for Government School students, 77 were sent to the open category – Appellants filed writ petitions praying that the meritorious students of reserved category who had studied in Government Schools must be allotted MBBS seats of unreserved category government school quota before they are released to the open category – Dismissed – Sustainability: Held: Not sustainable – Even in case of horizontal reservation, the candidates from the reserved categories like SC/ST/OBC, if they are entitled on their own merit in the GS quota, will have to be admitted against the GS quota (UR seats) – Horizontal as well as the vertical reservation would not be seen as rigid “slots”, where a candidate’s merit, which otherwise entitles her or him to be shown in the open general category, is foreclosed – The open category is open to all, and the only condition for a candidate to * Author [2024] 8 S.C.R. 917 Ramnaresh @ Rinku Kushwah and Others v. State of Madhya Pradesh and Others be shown in it is merit, regardless of whether reservation benefit of either type is available to her or him – The methodology adopted by the respondents in compartmentalizing the different categories in the horizontal reservation and restricting the migration of the meritorious reserved category candidates to the unreserved seats is unsustainable – Appellants were deprived of their legitimate claim of admission in the Academic Session 2023-24 for MBBS Course against the UR-GS category – Since the admission process for the said academic session is complete, respondents directed to admit the appellants in the next Academic Session 2024-25 for MBBS Course against the seats reserved for UR-GS category – Impugned judgments quashed and set aside. [Paras 12, 14, 16, 18, 20, 21] Case Law Cited Indra Sawhney and Others v. Union of India and Others [1992] Supp. 2 SCR 454 : (1992) Supp 3 SCC 217 – followed. Saurav Yadav and Others v. State of Uttar Pradesh and Others [2020] 11 SCR 281 : (2021) 4 SCC 542; S. Krishna Sradha v. State of Andhra Pradesh and Others [2019] 15 SCR 93 : (2020) 17 SCC 465; Sadhana Singh Dangi and Others v. Pinki Asati and Others (2022) 12 SCC 401; R.K. Sabharwal and Others v. State of Punjab and Others [1995] 2 SCR 35 : (1995) 2 SCC 745; Ritesh R. Sah v. Dr. Y.L. Yamul and Others [1996] 2 SCR 695 : (1996) 3 SCC 253 – relied on. Tamannaben Ashokbhai Desai v. Shital Amrutlal Nishar (2020) SCC OnLine Guj 2592 – referred to. List of Acts Madhya Pradesh Education Admission Rules, 2018. List of Keywords NEET UG; MBBS Course; Reservation; Horizontal reservation; Vertical reservation; Meritorious reserved candidates; Meritorious students of reserved category; Unreserved Government School (UR-GS) quota; Open seats; Open seats in the Government School quota; UR-GS category; UR-GS seats; Open category; General category; Open general category; Unreserved seats. 918 [2024] 8 S.C.R. Digital Supreme Court Reports Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9628 of 2024 From the Judgment and Order dated 12.01.2024 of the High Court of M.P. at Gwalior in WP No. 23060 of 2023 With Civil Appeal Nos. 9629-9630 And 9631 of 2024 Appearances for Parties K Parameshwar, Siddhartha Iyer, Aditya Shanker Pandey, Mrs. Rekha Bakshi, Ms. Yoothica Pallavi, Himanshu Sehrawat, Avijit Mani Tripathi, Advs. for the Appellants. Nachiketa Joshi, A.A.G., Sunny Choudhary, Sharad Kumar Singhania, Abhimanyu Singh, Padme
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