Summary: Writ Petitions challenging the decision of the Department of Medical Education of not allotting MBBS Unreserved (UR) Category Government School (GS) quota seats to the meritorious reserved candidates, who had passed from the Government Schools – HC Dismissed Writ Petitions -Allowing appeal, SC observed: a candidate belonging to any of the vertical reservation categories who on the basis of his own merit is entitled to be selected in the open or general category, will be selected against the general category and his selection would not be counted against the quota reserved for such vertical reservation categories- This principle would also apply to the cases of horizontal reservation- , the meritorious candidates belonging to SC/ST/OBC, who on their own merit, were entitled to be selected against the UR-GS quota, have been denied the seats against the open seats in the GS quota- 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 totally unsustainable- The respondents directed to admit the appellants in the next Academic Session i.e. 2024-25 for MBBS Course against the seats reserved for UR-GS category.
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