MBBS Admissions: HC junks Chandigarh UT quota as arbitrary, slams non-inclusion of residence clause

The rules will be valid from NEXT year; the admissions under the UT quota of this year, will be NOT be affected.

Chandigarh: From next year on, the students from outside Chandigarh, who passed their class XII from the Union Territory (UT), would not be entitled to get reservation under UT quota for admission in medical courses in Chandigarh unless they are able to show a valid residency . The regulation comes in the backdrop of the Punjab and Haryana High Court's recent order.

The UT has been directed to take a decision within two months, making it applicable from the next session.

The HC held as "arbitrary" the condition in the residence clause which allows 'students even from outside states to become eligible after passing class XII examination from institutes recognized by UT Chandigarh without insisting on residence as an essential eligibility condition.'

The division bench comprising honourable Justice Mahesh Grover and Justice Mahabir Singh Sindhu passed these orders while disposing of a plea filed by Ashu Hooda and other aspirants seeking admission in medical course at Government Medical College and Hospital (GMCH), sector-32 Chandigarh.

The petitioners, who are residents of the UT and had completed their education from the city as well, claimed, "Chandigarh had not provided criteria for residence as one of the eligibility conditions and merely restricted eligibility to candidates passing Class XII from Chandigarh."

While objecting that residents of other states, who were passing class XII examination from Chandigarh, are getting admission in medical course under the 85% quota, the petitioners requested the court to formulate a criterion so that only the genuine residents of Chandigarh can get admission under the 85% quota.

Following the hearing, the HC directed the UT administration to take a decision within two months to frame the rules to determine the criteria of residence for the purpose of availing admission under UT quota from next academic session.

The Bench said, "A person, who had resided and studied in Chandigarh was denied benefit in college and school in the UT on account of his residential status, while exposing him to unfair competition and "opening seats to what we may term as poaching".

The bench also made it clear that the candidates, who have sought the benefit of residence in any other state would be debarred from claiming seats in any other States/ UT, Chandigarh.

"The admitting authorities will, therefore, scrutinize the cases of all the incumbents whosoever has opted and claimed the benefit of residence in any other state would not be entitled to admission in UT, Chandigarh. Needless to say that All India rank in NEET shall be kept intact in considering the claims of those desirous of seeking admission to UT, Chandigarh," the HC asserted.

Noting that the condition had the potential of worming into the claims of students who had studied in Chandigarh almost altogether, the court termed it as a "double whammy" for them adding that they were left to compete only against 15 per cent all-India quota.

The Bench asserted,

"The non-inclusion of residence clause probably kept the window open for the people of Punjab and Haryana to gain access to higher education in Chandigarh and their own states. Chandigarh residents, on the other hand, did not have the advantage of claiming preference on the basis of residence in Punjab and Haryana and were deprived of it in Chandigarh as well. the bench stated that it could not, in exercise of powers of judicial review, declare the provision in its existing form to be in conflict with law simply because it would have been eminently desirable to include a clause of preference based on the resident status for Chandigarh.

While asking UT to frame residence clause for the next session, the HC observed,

"The clause as it exists therefore is clearly arbitrary as it does not take into consideration the aspect of residence which frustrates the very concept of seat allocation to UT, Pool. We therefore bind the UT, Chandigarh to a mandate of consideration within a period of two months from the date of our decision so that ample time is available for the people to be aware in the next academic session."

Subsequent to the HC order, the students and parents held a protest at the GMCH, Sector 32, on 31^st August demanding admissions for Chandigarh residents to MBBS.

"Students from other states are taking the quota benefit in their respective state and Chandigarh as well. This is wrong. Local students should get admission under the UT quota," an admission aspirant from the city told Tribune.

As per the rule, 15 % of the total seats of medical course at GMCH-32 are filled from All India Quota, while remaining 85% are filled from those who had passed class-XII from Chandigarh. Chandigarh has to its share 77 MBBS seats at the GMCH, of these, 63 are left for the general category.

The rules will be valid from NEXT year; the admissions under the UT quota of this year, will be NOT be affected.

Attached is the Judgment below: