earmarking principle enunciated in Y.V. Patil & Ors Vs. State of Maharastra & Ors, (2005) 12 SCC 311.
The Supreme Court court has found that the earmarking Rule of Government of Maharastra is the clearest interpretation of the ruling in Ritesh R Sah case in the process its implementation in letter and spirit, which is reproduced below:
“(vi) Earmarking - Reserved category candidate entitled to admission on the basis of merit in an open category seat will have the option of taking admission either against his/her respective category seat or on an open category seat. If he/she opts for the reserved (sic open) category he/she will be deemed to have been admitted as an open category candidate and not as reserved category candidate. One seat in the college where he/she was eligible for admission against open seat shall be earmarked for a candidate belonging to the respective reserved category. Such earmarked seat will be made available immediately to the successive reserved category candidate from the same category of merit during the counseling.”
To illustrate, in MBBS admission say a SC candidate who came in Open Competition could not get seat in AIIMS but is getting seat only in Maulana Azad college. Assume there is vacancy under SC category in AIIMS. Here the SC candidate who came in Open Competition can avail the seat of SC in AIIMS and his seat in Maulana Azad college will be earmarked for another SC candidate. Applying the ratio of this judgment in Civil Services Examination, it would mean that a OBC candidate who came in Open Competition at rank 64 may avail IAS from OBC quota but his seat in IPS or whatever service at rank 64 will be earmarked for another OBC candidate. Thus the 31 higher services left behind by OBCs in general will be preserved for some other OBCs. This will be in consonance with Anurag Patel, Ritesh R Sah etc.
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4 comments:
mate,
In the case you have mentioned , they will both be doing MBBS with or without using his reservation in either of the colleges.
But in UPSC , we need to reservation limits under check with in each service IAS , IPS etc. Simple logic here is otherwise, no IRS or IPS guy will not sit for exam again. If both services IPS and IAS are same.
So both the cases are not comparable.
Dear Sitha,
They will be doing MBBS but in diffrent colleges. Doing MBBS in reputed college and in a collge not so popular can be compared with getting IAS and IPS. There are many candidates who appear again for getting the MBBS seat in their preferred college.
Can reserved category candidate opt as open for ear marking?
Patients should go to their own cast doctors .
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