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Reservation.{article 15(3) Vs. Article 15(4)}

(Querist) 07 July 2009 This query is : Resolved 
This is very interesting case that is currently being argued before the DB comprising of the CJ of MP high court.(w.p.no.4778/2009)
The dipute is regarding the reservation of one orthodonitics seat in MGM medical college indore. There are in total 5 seats, out of which 2 are reserved for the candidates selected through national admission test, and 3 are reserved for the state.
Now out of 3 seats, 2 are reserved for the Sc/St and the OBC's and there is only 1 seat left which is being reserved for the female candidate(4th rank merit list) at the cost of the student who scored maximum marks in the entrance test.
The college authorities are of the view that they are following the rotation policy whereby the seat would again be an open seat for the next two years. it is important to recognise the interest of the women as per article 15(3) of the constitution.
but what about article 15(4) which specifically lays down that merit should be given preference. and further would it not amount to 100% reservation?

pawan sharma (Expert) 30 July 2010
ON this point uread the case of Ashok kumar thakur vs UOI, SCC (2008)6
aman kumar (Expert) 20 October 2010
rotation is permitted !


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