High Court division bench stays single judge order on quashing UT MBBS admission policy

The decision came from the division bench comprising Justices Hemant Gupta and Justice Lisa Gill on an appeal moved by the secretary, department of medical education and research, Chandigarh Administration, challenging the single judge’s order of September 16 last year.

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As per the policy struck down by the single judge, even if a student was born, brought up and studied in a Chandigarh school even till Class 11 and had not passed Class 12 from Chandigarh school, he/she was ineligible for MBBS admission in 85% Chandigarh pool quota.

While allowing the petition “Akanksha Mehra vs UT Chandigarh” and setting aside the policy, the single judge had observed, “In this case I must observe that there is not even a requirement of residence within the UT Chandigarh that is relevant. It is 12th class passed from Chandigarh that is relevant. It is wholly arbitrary and I cannot uphold the same. It is irrelevant that it was introduced in 2010 and it was not challenged by anyone. When a challenge comes up, there is bound to be an appropriate explanation justifying the criteria. I find none, I quash the requirement.”

However, the Chandigarh Administration in its appeal has submitted that the eligibility condition that is being followed by the Chandigarh Administration since 1993 cannot be set aside without taking into consideration the interest of the students who have already taken admission in Chandigarh schools and who may not be otherwise residents of Chandigarh.

It has also been submitted that it is a settled legal position of law that once a candidate participates in the admission process being fully aware of the admission criterion, he/she cannot be allowed to challenge the same after having been declined unsuccessful, hence Akanksha Mehra’s petition in itself was unsustainable in law.

Thirdly, the Chandigarh Administration has submitted that it is a matter of record that even after passing of the judgment by the single judge which went in favour of the petitioner, she did not take admission in GMCH and is pursuing MBBS from Amritsar medical college.

It was also informed that since in Punjab there are about 900 seats in MBBS course whereas in Chandigarh there are only 100 seats out of which effectively only 83 seats are meant for “UT Pool” and two seats are meant for “Central Pool” and 15 for “All India Pool”. For this reason only the students studying in Chandigarh rush to Punjab for doing Class 12 and take admission in dummy schools in the nearby areas of Punjab that abut Chandigarh.

Also, the division bench has been informed that though Akanksha was a resident of Chandigarh, she has admittedly acquired her Class 12 qualification from Punjab. However, the single judge bench had not held the eligibility conditions as regards passing of Class 12 from Chandigarh as arbitrary but has held that the said condition without the condition of being a resident of Chandigarh was arbitrary. Hence in this case even if the words ‘resident of Chandigarh’ are read into the eligibility criterion, Akanksha would be still ineligible because she has not acquired her Class 12 qualification from Chandigarh.