Pune: The Supreme Court on Wednesday dismissed Maharashtra government’s petition challenging the Bombay High Court order quashing government’s rule for excluding students from outside Maharashtra from the ‘state quota’ for post-graduate medical admission even though they completed MBBS from the state. In November last year, the government introduced rules making such students ineligible for admissions in government, civic and private institutions in the state.
The Supreme Court bench of Justices Arun Mishra and Uday Umesh Lalit said, “We do not see any reason to interfere. The special leave petition is dismissed.” Last April, the HC stayed a similar rule brought in by the state that rendered 700 students outside the ambit of PG admissions. The State rushed to the Supreme Court but received no reprieve.
The students said at the time of admission for MBBS course, their prospectus stated they will get post-graduate (PG) seat under the state quota and it was followed for years.
However, since April 2017, the state was trying to bring in domicile as a criterion for PG medical admissions. State-run colleges have 50 pc state quota and 50 pc all India quota, while private ones have 50 pc state quota and 50 pc institutional quota within which there is 15 pc NRI quota. A November 15, 2017 notice issued by the Director of Medical Education & Research (DMER) made all non-domiciled students graduating from Maharashtra ineligible for admission to postgraduate courses in government as well as private medical colleges.
Govt’s stand in court
Out of 1,639 seats for post-graduate courses and 289 seats for diploma courses, 50 pc of the seats required to be filled-in under the All India quota. What remains is remaining 50 pc quota.
If in the said 50 pc quota, the students who come from other states are permitted to compete with students from Maharashtra, it would lead to unjust treatment to the latter.
The state argued that if the government is spending a huge amount on educational facilities for postgraduate students, it expects it to be utilized for facilities for students in the state. When students admitted via the All India Quota for MBBS course complete their studies in Maharashtra but move out for jobs, the expenditure incurred by the State goes waste.