Supreme Court judgment has no impact on Sikkim’s reservation policies: Add’l Advocate General

GANGTOK, : The State government today said that the Supreme Court judgment in the case of ‘Dr.Tanvi Behl vs.Shrey Goel& Others’, which pertains to domicile-based reservations in Post Graduate medical courses, does not pertain to Sikkim’s laws or policies and assured the public that the State continues to enjoy its special status under the Indian Constitution.

In a press release issued today, Sikkim Additional Advocate General Zangpo Sherpa stressed that the case in question, which stemmed from a prospectus issued by Government Medical College & Hospital, Chandigarh, was not related to any Sikkim laws or policies.

“It is important to mention that the facts of the case decided by the Supreme Court was in regard to the prospectus issued by the Government Medical College and Hospital, Chandigarh in which 64 medical seats were distributed in various categories and the same was challenged before the High Court of Punjab & Haryana. It is also clear that no laws of Sikkim, notification or office memorandum relating to Government of Sikkim was challenged and neither Government of Sikkim was party in the said case. Hence, the judgment of the Supreme court was passed in regard to a particular case of a Post Graduate medical prospectus and hence has no relevant bearing in regard to the State of Sikkim or any of its admission policies.”

While answering the above-issue, the Supreme Court has held that out of 64 seats (Government Medical College and Hospital, Chandigarh) which were to be filled by the State in its quota of 32 could have been filled on the basis of institutional preference. “But the other 32 seats earmarked as U.T. Chandigarh pool were wrongly filled on the basis of residence, and we uphold the findings of the High Court on this crucial aspect.”

Sherpamaintained that Sikkim remains protected under Article 371 F of the Constitution which grants the State special provisions including rights that cannot be challenged under the principle of equality under Article 14. He added that Sikkim’s admission policies remain unaffected by the ruling, and the State government Sikkim would always be strongly defending the special rights provided by the Constitution of India for the State of Sikkim and its citizens.

“The issue raised by certain quarters has no relevance in the context of the Sikkim. As we all are aware that our state is protected under the special provision i.e., Article 371-F under Part 21 of the Constitution of India and the State of Sikkim falls under special provision under the category of Special provision i.e., Article 371F of the Constitution of India which categorically states ‘the Special provision with respect to the State of Sikkim’,” the additional advocate general said.

“The parliament while bringing article 371-F was clear that there was necessity for making special provisions for Sikkim and therefore Artcle371-F was brought in Constitution of India. Hence it is clear that the Constitution itself protects the State of Sikkim under special category and its old laws. Therefore, the special rights which is expressly provided by the Constitution of India to the State of Sikkim and its citizen is a special rights and Government of Sikkim would always be strongly defending the special rights provided by the Constitution of India for the State of Sikkim and its citizens.”

Dismissing speculation circulating on social media, the government has urged the public not to be misled by misinformation and reiterated its commitment to defending the special rights of Sikkim.