PG Medical Admissions: Maharashtra HC stays domicile quota proposed by State

Mumbai: A government resolution, dated April 27, making it mandatory for post graduate aspirants of the state to have a domicile, has been stayed by the Bombay High Court. The court observed that the delay in the issuing of the circular to this effect, held the aspirants at a disadvantageous situation and hence cannot be applicable at a time when the list was about to be declared. The list was announced on April 30.

The writ petitioners Dr. Gagandeep Mahi and others who filed the petition in the court of the division bench of Justices Shatanu Kemkar and Anant Badar seeking interim relief against the government resolution,felt that the obligations imposed by the state vis-vis post graduate admissions on them , so late in the day were illegal and arbitrary.

Advocate V.M. Thorat the petitioners counsel submitted that the condition of domicile state of Maharashtra was contrary to the earlier notified rules for admission.

The counsel for the state however, opposed the petition, citing that “the first selection list has already been published and therefore, at this stage no interference is called for, ” reports the Asian Age.

The court felt that there existed a case for grant of interim relief and stay.

The DMER, which had announced a similar quota for UG courses, is now planning to approach the Supreme Court.

“We had planned to announce the reservation in two phases — first for PG courses and later for UG courses. Now the High Court has stayed our decision in PG courses. We will now seek justice from the Supreme Court,” said Pravin Shinghare, Director, DMER.

On Thursday, GR released by the state demarcated 67 per cent of PG seats in private and deemed medical colleges for Maharashtra's domicile aspirants.

It also introduced social reservations in deemed and private medical colleges, giving away 25 per cent of the seats in these medical institutions to candidates from the Scheduled Castes (SC), Scheduled Tribes (ST), Vimukta Jati, Nomadic Tribes (VJNT) and Other Backward Classes (OBC).

Attached is the copy of the Judgement: