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Dr. Kulmeet Kaur Mahal Vs. State of Punjab [11/09/13]

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[Civil Appeal No. 7940 of 2013 @ Special Leave Petition (C) No.25931 of 2013]. Appellants are aggrieved by the order passed by the Punjab & Haryana High Court in Review Application No.89 of 2013 in LPA No.1070 of 2013, by which the Division Bench of the High Court clarified its earlier order dated 25.7.2013 stating as follows :- "We thus clarify that there has not to be disturbance of the already allocated seats in the general category but whatever further seats remain vacant and/or are spill over from 60% quota, the RMOs will also compete with the only difference that there would be weightage given to them as per Clause (ix) of Medical Council of India Regulations." Appellants, who are nine in number and not made parties to the Review Petition, have questioned the order of the High Court on the following questions of law:- Whether the impugned order passed by the Hon'ble High Court is sustainable in the teeth of law laid down by this Hon'ble Court in CA No.5705-5706 of 2012 Satyabrata Sahoo & Ors. Vs. State of Orissa & Ors. vide judgment dated 03.08.2012 since, in the said case this Hon'ble Court was pleased to quash the clause of prospectus (to the extent that it provided for weightage to in-service candidates inspite of there being a reservation of seats for them to the extent of 50%) and held it to be ultra vires?

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