The court held that the recommendations of both the commissions are “a very serious matter” and they should have been presented with equal degree of seriousness. The court observed that the recommendations of the Commission for SC/ST can be set aside as they were made “in a very hasty, casual and reckless manner, without application of mind”.
“The recommendations were made without issuing any notice to the parties which were likely to be affected or without bothering to hear the version of the State Government or in particular the Dean of GMC and GDC in any matter,” the bench comprising Justices Were. Mahesh Sonak and MS Jawalkar said.
Over 100 doctors had challenged the government’s decision to implement reservation for PG courses of GMCs from the academic year 2021-22.
petitioner’s lawyer de lavande Said that the state government has decided not to implement the reservation policy in PG courses in GMC and there was no reservation for more than 14 years. He said that by doing so the state has acted against its own rules.
The court said that the record indicates a flurry of activities between February 20, 2020 and May 4, 2020. On February 20, 2020, the President of Gomantak Dhangar Samajonatti Mandal Goa Addressed a representation to the Chief Minister demanding reservation for Dhangar community for PG courses in GMC and GDC.
Subsequently, on May 4, 2020, the state government decided to reserve 41% seats in PG courses from the academic year 2021-2022.
“During these three months, very quickly the first two complaints were filed” SC/ST Commission And the OBC commission and these two commissions made their so-called recommendations to the state government hardly within two to three days of the receipt of such complaints,” the court observed.
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