Maharashtra had reserved 67.5% post-graduate seats in pvt unaided, deemed colleges and 50% in govt colleges
The Bombay High Court (HC) on Sunday stayed the implementation of a government resolution issued on April 27, reserving 67.5 per cent seats in post-graduate courses in all private unaided and deemed medical colleges for domicile students and 50 per cent in colleges run by state and local bodies.
In an urgent hearing before the Division Bench of Justice Shantanu Kemkar and Justice AM Badar, on a petition filed by four candidates, the court held that "prima facie, we are of the strong view that the petitioners have made out a case for the grant of interim relief."
"The state has decided to challenge the HC's stay order in the Supreme Court," Dr Pravin Shingare, Director, Directorate of Medical Education and Research, told DNA.
The quota for domiciles was introduced for the first time. Earlier, students from other states who have done MBBS or BDS from Maharashtra were also considered as state students.
Holding the last-minute change in the admission rules by the government as illegal and arbitrary, the HC said: "This change in eligibility criteria, when the first selection list was about to be published is, in our considered view, arbitrary and unreasonable. The petitioners were given legitimate expectations right from January 2017 that they would be eligible. It cannot be made impossible now. At this stage, they will not be able to apply in their home states or in any other state. The action on the part of the state, in the midst of admission process, cannot be prima facie sustainable."
One of the petitioners, Dr Gagandeep Mahi, had challenged the resolution. Their advocates VM Thorat and Pooja Thorat, argued: "These candidates, having passed final MBBS examinations from Maharashtra colleges, till the issuance of the Government Resolution, were eligible for admission. The state has no authority to modify and alter the earlier rules at a belated stage." They also claimed to have paid compensation in lieu of rural services.
Special Counsel for the government LM Acharya and Government Pleader Abhinandan Vagyani opposed the petitions on the ground that "the first selection list has already been published today (Sunday) itself, and, at this stage, no interference is called for. Since couselling will start now, it is open for the state to change the criteria of eligibility, making it compulsory for the candidates to process the domicile certificate in order to achieve the objective of providing health care to the public in Maharashtra by having more candidates who are domiciled in the state."
The court stayed the resolution and directed the government to file its detailed reply and posted the matter for further hearing for June 7.
END OF PRIVILEGES
The reservation for domiciles was introduced for the first time in Maharashtra through a govt resolution on April 27, 2017. Earlier, students from other states who have done MBBS or BDS from Maharashtra were also considered as state students.
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