Date:27/05/2008 URL: http://www.thehindu.com/2008/05/27/stories/2008052753580400.htm

New Delhi

Muslim quota: case filed again

J. Venkatesan

New Delhi: The Supreme Court has been moved challenging the decision of the Andhra Pradesh government to block 4 per cent of seats in post-graduate courses in MD, MS, MDS and diploma courses under the Muslim quota and issuing admission letters to students.

A special leave petition was filed on Monday against an order of the Andhra Pradesh High Court dated May 21 refusing to grant relief on a petition challenging a notification to grant admissions under the Muslim quota.

Petitioners Dr. G. Shravan Kumar and Dr. G. Srinath said the Supreme Court on May 16 passed an order on the State’s SLP stating that the government could go ahead with the counselling but students might not be admitted on the basis of the 4 per cent Muslim quota law.

Fresh notification

They said that on May 11, the government issued a notification re-counselling the schedule ignoring the 4 per cent Muslim quota.

However, after the May 16 order of the Supreme Court, the government issued a fresh notification on May 19 cancelling the earlier notification and declaring that admissions made earlier would hold good. It said counselling would be made under 4 per cent Muslim quota and admissions made would be subject to the result of the petitions pending in the Supreme Court.

Contrary to order

This was contrary to the Supreme Court order which said that no admissions could be made under the Muslim quota.

The SLP said under the guise of counselling the NTR University of Health Sciences was blocking 4 per cent seats in post-graduate admissions to MD, MS, MDS and diploma courses. In the said process more than 40-50 seats for MS, MD courses would remain unfilled as no admissions could be made after May 31. It is submitted, as per the law laid down by the Supreme Court in the case of Medical Council of India Vs. Madhu Singh, all the admissions to post-graduate Medical Courses would have to be completed on or before May 31 every year.

The SLP said the Supreme Court order was clear that no seats were available under BC-E category (Muslim quota) and therefore, there was no counselling for BC-E category. It is submitted, in view of the ranks obtained by the petitioners in the entrance examination, their rights were deprived under the impugned action of the respondents.

The impugned notification of cancelling the re-counselling was liable to be set aside.

If the notification was given effect to, the petitioners would be highly prejudiced, the SLP said and sought quashing of the notification and stay of admissions under the Muslim quota.