Nagpur: The Nagpur Bench of Bombay High Court comprising of Justice Rohit Deo and Justice B P Dharmadhikari has through notices issued given a directive to the Union Government through Director General of Ministry of Health and Family Welfare, New Delhi and Director of Employees State Insurance Corporation Mumbai and Delhi to allow petitioners Rasika Pohare and Samiksha Dhole to participate in “All India Medical Admission Process” in ESIC quota. The court has also ordered respondents in the case to “withhold two seats in MBBS course” till the petition is pending in court.
The petitioners have through a writ challenged the ongoing “admission notice/process” for MBBS admissions at All India Level for of ESIC management quota’s 337 reserved seats in 9 ESIC Hospitals/Colleges in India due to the inequality meted out to them by ESIC.
The petitioners had challenged the “classification of insured employees” in Group I, Group II, Group III category on the basis of 5/4/3 year experience of employees as on 01-01-2017 in Admission Process/ Notice issued by ESIC on 28-06-2017.
The petitioners were denied the “insured persons certificate” by ESIC on the ground of inadequate experience. In this case it being 5 years as on 01-01-2017.
According to one of the petitioners, her father has “continuous insurable service of more than five years” having contributed ESIC contribution (from 01-10-1997 to 30-09-2015). According to her, he was out of the scheme’s span due to increase in ceiling of salary from October 2015 to December 2016. The amendment in Rule 50 of ESIC Central Rules 1950 dated 22-12-2016 has brought him back into the scheme along with the petitioner, reports Nagpur Today.
Calling the grouping introduced by ESIC in categorization and classification of employees as Group I, Group II, Group III on the basis of their past service of 5/4/3 years as discriminatory, arbitrary, bad in law and violative of article 14 of the Constitution of India, the petitioner said that it also does not have any nexus with the object.
Even the meritorious student top on the NEET rank would be prevented from getting admission if any other student inferior in rank is ahead in Group I on the basis of service she added.
The petitioner’s application for grant of “ward of insured person” certificate was arbitrarily rejected by ESIC Mumbai without giving any reason on 13-07-2017. The petitioners stated that even as per the definition of “insured person” in clause 8 of Admission Notice dated 28-06-2017 the period of 5/4/3 years experience would be counted w.e.f. “date of entry” in to the ESIC scheme. But the respondents have failed to act in accordance with their own definition.
The High Court after hearing the parties, has directed ESIC to file detailed affidavit highlighting the challenges raised in the petition on or before 08-08-2017. It has also given directions that two seats for MBBS course in ESIC management quota be left vacant , till further orders.