Kerala HC Stays Decision Of ESI Corporation To Cancel 'The Wards of Insured Persons Quota' In Medical/Dental Colleges [Read Order]
Live LawThe Kerala High Court on Thursday stayed further proceedings pursuant to the notice issued by Employees State Insurance Corporation informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21. It may be noted that, Exhibit P1 was the Notice issued by Employees State Insurance Corporation informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21) On the other hand, Exhibit P2 was the decision taken by the Employees State Insurance Corporation.to cancel the IP Quota The Case of the Petitioner The petitioners in the present matter approached the Kerala HC, who were applicants for Wards of Insured Persons Quota seats in ESIC Medical/Dental colleges Employees State Insurance Corporation for academic session 2020-21 and were aggrieved by the notice dated 28.09.2020 issued by the 1st respondent informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21. Further, the Division Bench of the High Court on 06.08.2019, disposed of the writ appeal preferred by the Director-General of ESIC recording the undertaking of the Additional Solicitor General of India that the ESIC shall immediately undertake the admission process in accordance with the relevant rules provided by the reservation of 20% of seats to the Wards of Insured Persons in the medical colleges established by the ESIC. For the sake of repetition, both are explained herein:- Exhibit P1 - Notice issued by Employees State Insurance Corporation informing that seats filled up in previous years under IP quota in ESIC Medical/Dental colleges would be filled up by DGHS, Government of India as All-India quota seats for 2020-21) Exhibit P2 - Decision was taken by the Employees State Insurance Corporation to cancel the IP Quota Grounds pleaded It was also pleaded before the Court that since no reason was stated in Exhibit P1 to cancel or abolish IP Quota in ESIC Dental/Medical college, the order is cryptic and non-speaking coupled with the fact that Exhibit P2 notice issued in continuation with Exhibit P1 notice is also not supporting the decision informed in Exhibit P1.