Gujarat HC upholds rule allowing state quota PG medical admissions to MBBS graduates from other states

Ahmedabad: Dismissing the challenge raised by the Postgraduate medical aspirants of the State, the Gujarat High Court has upheld the new policy of allowing the MBBS graduates from other States to take admission to the State quota seats of Gujarat.

The High Court bench comprising of Chief Justice Aravind Kumar and Justice Ashutosh Shastri dismissed the plea referring to the "doctrine of contemporanea expositio" (the meaning of words in an enactment are to be understood in the sense which they bore when the enactment was passed) into the matter, adds TOI.

Medical Dialogues had earlier reported that after the commencement of NEET PG 2022 counselling on September 15, 2022, the Guidelines issued by the Admission Committee Website mentioned that, "Anyone who completed MBBS outside Gujarat (Either FMGs or Candidates completed MBBS outside Gujarat but in India) who completed 12th in Gujarat and have Domicile of Gujarat are now eligible for Government and Private PG Seats of Gujarat State."

Later, the State Health Department had also issued a notification in this regard and informed about the changed rules for admission to State quota seats. The notification stated in this regard, "The candidate must have completed the recognized MBBS or BDS course from University established by an Act of the Parliament and situated in any State/Union Territory of India or have completed aforesaid courses from outside of India and fulfills the eligibility criteria of MCI, NMC or Government of India, as the case may be, and must have passed 12th qualifying examination with "B-group" or "AB-group" either from (a) Gujarat Board or (b) from Central Board of Secondary Education/The International School Board (International Baccalaureate and Cambridge)/ The National Institute of Open Schooling provided that school is located in the State of Gujarat and the candidate must have born in Gujarat State or be the Domicile of Gujarat State."

Also Read: Gujarat opens up State Quota for MBBS graduates from other states, upset PG Medical aspirants approach Court

Therefore, the Admission Committee notified about the changed rule even before the Government issued the notice. Upset with this changed eligibility criteria, the PG medical aspirants in Gujarat had approached he HC bench. Addressing the matter, the Gujarat Intern Doctors' Association and Gujarat MBBS Students' Association had issued a joint statement and informed about their plans for representation before the Government.

Until now, only students who completed MBBS in Gujarat and were Domicile of Gujarat were eligible for State Quota PG Counselling. However, from this year, the State has opened the doors for the State quota PG medical seats (both Government and Private seats) to the MBBS graduates from outside States as well.

As per the latest media report by the Times of India, responding to the petition, the government pleader submitted that even though the rule came into force from September 19, the students were informed about this on the day of commencement of the admission process. Therefore, the Government pleader argued that the students cannot claim that the rules of the process were changed after its commencement.

Besides, the counsel for the Government also submitted before the Court that the amendment has only enlarged the eligibility criteria and it will not be harmful to the students who have graduated from the medical colleges in Gujarat and are seeking admissions under the State quota seats. However, it will proved to be helpful for the students who had no choice but to take admission under the All India Quota seats in other states.

TOI adds that while considering the matter, the HC bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri referred to the "doctrine of contemporanea expositio" and upheld the amendment in the eligibility criteria as introduced by the State.

Also Read: PG Medical Admissions: Gujarat HC reserves verdict on New Eligibility Criteria