NEET PG 2023: Meritorious Reserved Category Candidates Entitled To Reserved Disciplines, says J&K HC

It is applicable if the preferred choice is unavailable in open merit, said the Jammu and Kashmir and Ladakh High Court.

Jammu and Kashmir and Ladakh High Court has ruled that a Meritorious Reserved Category Candidate (MRC) who secured admission in NEET PG from the open merit category must be granted allocation to reserved category discipline if their preferred choice is not available in the open merit category.

The petitioners' advocate Salih Pirzada argued that despite their high merit, they were treated as open-merit candidates and denied the benefits of Rule 17 of the Reservation Rules. They claimed that their preferred disciplines were allocated to reserved category candidates with lower merit.

The high court examined Rules 17 of the Reservation Rules and observed that the aforesaid rule has been incorporated in order to safeguard the interests of a reserved category candidate who by virtue of his merit has made it to the open merit category.

“The object of the said Rule is to avoid a situation where meritorious reserved category candidate would be put to a disadvantageous position vis-à-vis a reserved category candidate in the matter of choice of discipline/stream/ college”, Justice Dhar recorded, as reported by Live Law.

He said while highlighting the mandate of Rule 17 of the J&K Reservation Rules that the leftover discipline/stream/college in the open merit category shall thereafter be allocated to the reserved category candidate who would get selected consequent upon the reserved category candidate having been selected in open merit category.

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