Mumbai: The State government was seen fighting vociferously in favour of students from Maharashtra and their right to admission in the various private medical colleges of the state, in the Bombay High Court on Tuesday.
Acting Advocate General Rohit Deo made his submissions before Chief Justice Manjula Chellur and MS Sonak J in a courtroom packed with medical aspirants and their parents.
The Advocate general’s arguments were banking on the reasonableness” of the domicile criteria introduced by the state government with respect to medical admissions. The acting AG said that it was within the rights and jurisdiction of the state government to make these rules.
“The reasonableness has to be ascertained from the standpoint of the beneficiary class (ie Maharashtra students) not the outside students. When our students go to other states they have to face the same problem….probably 10-11 states have similar legislations in place.”
“We are accountable to the students of Maharashtra not the petitioners. They are giving the impression that this 15% [quota] available for outside students is their right but the truth is that it is a shackle put on the state by the apex court on the state’s right to provide such restrictions!”
While Senior counsel Vineet Naik argued for the petitioner private medical college, senior counsel MM Vashi sided the intervenors.The intervention application submitted today presented the case of students with state domicile, supporting the state stand. Vashi however argued that domicile is different reservation.
The fundamental question raised by the bench was the fundamental right to carry on a trade guaranteed by Article 19(1)(g) of the Indian Constitution. Sonak J also stressed on the issue of “unreasonable restriction” raised in the PA Inamdar judgement.
Oral submissions over, CJ Manjula Chellur said the order in the matter would be passed either this Friday or on the coming Monday. According to the CJ once this was done, the state government could release the selection list, which could be either be either an all India list or a state domicile list.