The MP high court has served notices on the director, medical education, on a petition of a candidate who was denied a seat in the postgraduate medical course under the reserved category, treating his income as falling in the ‘creamy layer’.
Kuldeep Kumar Swarnakar secured a merit position in the All India Postgraduate Entrance Examination 2015. He was allotted a seat of MD (microbiology) course under the state quota seats in a private college on April 29.
During scrutiny of documents on June 1, the authorities informed the petitioner that though he appeared in the entrance test in other backward classes (OBC) category, his personal income was above Rs 6 lakh per annum and thus he was not entitled for a seat in the reserved category.
However, the petitioner mentioned a Union government circular issued October 14, 2004, in his petition and made a claim for seat allotment under the reserved category.
The circular says that the creamy layer status of a candidate is determined on the basis of his parents’s status and not on his or spouse’s income. The petitioner’s father retired as a postman and his mother is a housewife.
“The authorities overlooked the circular and the petitioner was denied seat for MD (microbiology) course”, the petitioner’s counsel Aditya Sanghi said.
The HC served notices on the state government and the principal secretary, medical education, during hearing of the petition.