PG Medical Counselling may get stuck at GMC Chandigarh as UT plans to challenge HC order in SC
Chandigarh: Aggrieved by the recent verdict passed Punjab and Haryana High Court on the issue of merit versus domicile reservation, the UT (Union Territory) administration is going to move the Supreme Court against the order or either, file a review petition with the HC.
With this decision by the administration, it's likely that the already postponed PG Medical Counselling will get more delayed.
On April 23, 2019, the Punjab and Haryana High Court had ruled the domicile condition for 32 PG medical seats at Government Medical College and Hospital, Sector 32 (GMCH 32); as "invalid" and "unsustainable to law." Medical Dialogues recently reported about the entire matter.
The verdict came in view of the petition filed by PG medical aspirants seeking admission to the MD/MS courses who found the stipulated domicile clauses to be in breach of several pronouncements of the SC as it tended to subvert merit by granting benefit to few by giving them preference in the matter of admission by giving primacy to their place of residence.
Noting the issue, the HC had observed
"…the interpretation of institutional preference with its applicability of total number of seats which are 125 has resulted in a situation that reeks of arbitrariness and a resultant violation of Article 14 of the Constitution of India. We would thus hold the stand of the UT Chandigarh erroneous in this regard. While upholding the principal of institutional preference we would direct that it would relate to 50% of the seats available to the institution after 50% of All India Quota has been consumed and upon such calculation throw open the seats to other deserving aspirants."
While providing relief to PG medicos and disposing off the petition, the HC bench then concluded,
"…We, therefore, strike down clause 2 (a) (b) and (c) of UT, Chandigarh Pool as being invalid and unsustainable in law. All admissions made by placing reliance on the above would as a logical corollary be also unsustainable. The only course available to the college is to fill up the seats through merit position obtained by candidates in NEET examination..."
In light of the above order, the PG medical counselling at GMC Sector 32 that was supposed to have taken place on 24/4/2019 was postponed till further orders.
Now, as mentioned in a recent report by TOI, the administration will challenge the HC order of striking down the UT pool in admission to the MD and MS courses in GMC Chandigarh.
With this, more delay in counselling is expected.
Informing TOI about the decision, UT senior standing counsel has stated that the administration could either file a review petition in the high court or challenge the order in the Supreme Court.
The UT pool in PG Medical seats was not there before May 16, 2018. It was added on orders from the high court only. The court struck it down recently, adds the daily.