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The Supreme Court on Thursday stayed the Maharashtra government order on 10 per cent reservation to the Economically Weaker Section (EWS) category students in PG medical admissions this year in the state.

The bench comprising Chief Justice Ranjan Gogoi and Justice Aniruddha Bose said: “Unless additional seats have been created by the MCI the present seats will not be extented to the EWS category.”

The notification of the Maharashtra govt will have no application to the ongoing process of admission to medical courses. We also kept in mind the need to balance which could be imbalanced by the claim of equity if the notification is followed, the bench said.

The apex court was hearing a plea seeking directions to the Maharashtra government not to implement 10 per cent EWS quota in the PG medical admissions this year in the state.

Today on 31.05.2019, an application has been moved pursuant to the interim order passed by the Supreme Court yesterday cancelling the EWS seats in PG Medical courses for the year 2019-20. The applicants pleads that the court had directed that the process of admission shall not be disturbed except the reservation to EWS category, however the State Govt has issued notification stating that the seats which have been allotted to the EWS categories shall not be disturbed and have failed to comply with the order of the court in true spirit and have not reshuffled the seats and thus hampering the rights of the general category students.

Justice MR Shah observed that according to the order of this court appropriate authority is bound to reshuffle the list and all candidates are allocated seats and those of the EWS category be cancelled and their seats be treated as an open category.

The counsel for the State of Maharashtra has tried to justify on the sole ground that due to paucity of time there would be difficulty in reshuffling the entire seats.

He pleads that if some time be given to the authority the order of the court would be complied with.

The Bench directed the appropriate authorities to complete the process of admission including the reshuffling of seats in accordance with the interim order passed by this court.

The authority shall complete the process by 4th June 2019 failing which serious consequences may follow.

—India Legal Bureau

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