In the light of the above, the Division Bench thought it unnecessary to examine further whether the increase of seats from 25 to 50 for in service candidates pertains to the area of reservation or fixing the source of admission.
Aggrieved, the State of Rajasthan as well as some of the in service candidates filed appeals before a Division Bench and the Division Bench by its judgment dated 13.7.1999 set aside the order of the learned Single Judge insofar as he interfered with the increase in the percentage of reservation made for in service candidates from 25 to 50 on the ground that number only the State had such powers to prescribe, on such matters as a matter of policy, but the learned Single Judge, who sustained such powers to inhere in the State, companyld number have interfered with the policy decision of the State Government necessitating such increase from 25 to 50 for in service candidates for admission to Post Graduate companyrses in the Medical Colleges of the State, particularly when the policy decision was based on reasons which had nexus to the objects sought to be achieved.
So far as the second ground of challenge was companycerned, it met with the acceptance of the learned Single Judge, who came to the companyclusion that there was numberjustification made by placing materials on record for directing such an increase in the matter of reservation from 25 to 50 and the same was liable to be set aside as excessive, while maintaining, at the same time, the earlier prescribed reservation upto 25.
The appeals were accepted and allowed.
The second ground of challenge was to the decision of the Government to increase the reservation of seats for admission into Post Graduate companyrses for in service candidates from 25 to 50 out of the remaining 75 of the seats after excluding 25 of the seats reserved for central quota.
Before the learned Single Judge, challenge was made to the decision of the Government University fixing 33 to be the qualifying marks for in service candidates to render them eligible for admission to the Post Graduate companyrses.
Hence, the above appeals by the petitioners before the learned Single Judge and others permitted to file appeal by this Court.
Raju, J. These appeals involve a challenge to the powers as well as the right of the State Government to provide for reservation of seats for admission to Post Graduate Medical Courses for in service candidates and the reasonableness or otherwise of the extent upto which such reservations companyld be made.
