Tue. Sep 22nd, 2020

UTAA ROW: CONFLICT AMONGST GOA HIGH COURT JUDGES WHILE PRONOUNCING ORDERS. DIVISION BENCH SEEKS CHIEF JUSTICE AID

Bombay High Court at Goa on Monday reported conflict over pronouncing orders into All India Quota Reservation for medical courses. The division bench, chaired by Justice Dama Seshadri Naidu and Justice M.S. Sonak, after the conflict directed the Registry to place this matter before the Hon’ble The Chief Justice in order to enable him to take action in terms of Rule 7, Chapter I of The Bombay High Court Appellate Side Rules, 1960.

The petition has been filed by United Tribals Associations Alliance ( UTAA ) seeking reservation into All India Medical Quota seats. According to high court orders Justice Naidu, opined that The Rule of Reservation be applied to the reverted AIQ seats, for they are deemed to be the State Quota.

While, Justice Sonak opined that “The Notification dated 7th September, 2007 is quite general in its application. However, Clause 4.37 of the Prospectus is quite specific or quite particular, when it provides that the AIQ seats which are deemed to be converted into State quota, will be filled in purely on the basis of merit from out of the candidates from general category. Therefore, when it comes to filling up of the deemed converted converted seats, Clause 4.37 of the Prospectus is a special provision or a particular provision in contrast with the general provisions contained in Notification dated 7th September, 2007, relied upon by Mr. Gosavi”.

Judgement Link : http://www.hcbombayatgoa.nic.in/recentorders/07092020LD-VC-CW-43-2020.pdf

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