MBBS Admissions- HC Upholds Changed Sports Quota Criteria

Chandigarh: While considering a plea that challenged the changed criteria for MBBS admission under the sports quota category for the academic session 2023-2024, the Punjab and Haryana High Court recently upheld the decision of the Punjab Government to make changes in the MBBS admission criteria under sports quota for the academic session 2023-2024, after the issuance of the prospectus.

Even though the HC bench of Chief Justice Sheel Nagu and Justice Sumeet Goel asserted that the prospectus carried the force of law and must be adhered to without any deviation, it also observed that it could not be said with certitude that under no circumstances no change could be brought about in the admission process criteria.

"Indubitably, the above demiurgic enunciation of law has factual backdrop pertaining to a recruitment process but the ratio decidendi thereof would apply mutatis mutandis to an admission process as well. Ergo, the criteria of an admission process can be varied after the process has commenced provided such change satisfies the dual test viz., firstly, the extant rules should so permit and secondly, such change should meet the test of reasonableness/non-arbitrariness in terms of Article 14 and Article 16 of the Constitution of India. To mount a legally sustainable challenge against a mid-process modification of rules, it must be demonstrably established that either the original/extant rules do not contemplate such an alteration or, if they do, the modification introduced is so manifestly arbitrary as to offend the constitutional guarantee of equality enshrined in Article 14 and Article 16 of the Constitution of India. In the absence of such a showing, a change effected within the permissible contours of the existing rules cannot be impugned, as adaptability is an inherent facet of administrative exigencies & changing policies," observed the bench.

These observations were made by the High Court bench while considering the plea by an MBBS aspirant who challenged the decision of the Government to make changes in sports quota admissions criteria effected on August 1, 2023.

Issuing this notification, the State Government modified the criteria from sports achievements secured in class 9 to 10 to achievements by a candidate between the years 2019-2020 and 2022-2023.

However, the State Government introduced these changes after the prospectus was released in March 2023 but before the counselling considering the fact that the sports activities were affected due to the Covid-19 pandemic.

It was argued by the petitioner that the Government could not have changed the criterion as it was against the well-settled principles of law and that the rules of the game could not be changed after it had begun.

While considering the matter, the HC bench noted that the notification dated 10.03.2023 was initially introduced by the State stipulating the therein the reservation criteria for sports category seats.

The Commission also noted that Clause 21 of the said notification stipulated that the State Government reserved its right to amend any clause and procedure for admission. 

"In the facts of the present case, when the Prospectus unequivocally incorporates a provision permitting amendments to effect necessary changes, then the very exercise of such an expressly sanctioned power could not be construed as a violation of the Prospectus itself. A duly incorporated amendment Clause vests the issuing authority with a prerogative to modify the terms in furtherance of procedural fairness and administrative exigencies. Therefore, any alteration effected within the ambit of this enabling provision cannot be impugned as ultra vires or contrary to the sanctity of the Prospectus, as it operates within the contemplated framework of permissible modifications," noted the Court.

Further noting the submissions of the State that the change in reservation criteria was to bring about a level playing field among candidates on account of the unprecedented situation emerging from the COVID-19 pandemic, the HC bench noted,

"Therefore, the change in the criteria for the sports category seats, brought forward by the respondent-authorities, can be said to be neither arbitrary nor beyond permissible scope of exercise of amending power as envisaged by the extant rules. Conversely, the impugned modification in the reservation criteria for the sports category reinforces, rather than undermines, the constitutional guarantee of equality. Given that no sporting events were effectively conducted during the COVID-19 pandemic— an exigency entirely beyond the control of mankind — excluding their sports achievements from other periods would tantamount to manifest arbitrariness. The very act of inclusion amalgamates interests and benefits for all, it is both a process and the goal which is premised on improving terms of participation for all, especially those at disadvantages beyond their control. Any exclusion is the inability of an individual or a group to participate fully in a social, economic, civic and cultural life."

"Therefore, in this backdrop, it cannot be said that the eligible candidates were left out from the fray in any manner or that the reasonable opportunity was not provided to all the concerned to test their fate," observed the HC bench while upholding the Punjab Government's order.

"Ergo, having actively participated in the amended admission procedure, the petitioner is precluded from disputing its fairness or legality at this stage. More so, the petitioner after having participated in the admission process in terms of impugned Corrigendum dated 01.08.2023, had secured admission to MBBS degree course in Gian Sagar Medical College and is stated to have completed one academic year therein as well...In view of the preceding ratiocination, the writ petition in hand is dismissed. Pending application(s), if any, shall also stands disposed of accordingly. There shall be no order as to costs," it further observed.

To view the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/punjab-hc-sports-quota-275358.pdf

Also Read: Karnataka HC orders State to pay Rs 10 lakh compensation to MBBS candidate for denial of seat under sports quota