No reservation in Management Quota Seats: HC denies relief to MBBS aspirant with less than 50 percent marks in HSC
Ahmedabad: Taking note of the fact that the rules clearly specify that there is no reservation for the Management quota seats, the Gujarat High Court division bench quashed the order of the single judge bench which had allowed MBBS admission to a candidate who had secured less than 50 percent marks in Class 12.The division bench comprising of Chief Justice Aravind Kumar and Justice...
Ahmedabad: Taking note of the fact that the rules clearly specify that there is no reservation for the Management quota seats, the Gujarat High Court division bench quashed the order of the single judge bench which had allowed MBBS admission to a candidate who had secured less than 50 percent marks in Class 12.
The division bench comprising of Chief Justice Aravind Kumar and Justice Ashutosh Shastri referred to Rule 4(5) of the admission rules stating that the eligibility criteria for general category students should be applied for management quota seats before taking the decision.
Medical Dialogues had earlier reported that Gujarat HC single judge bench comprising of Justice Bhargav D. Karia had provided relief to the medical aspirant belonging to SEBC category, who was denied an MBBS seat at a private medical college on the ground that he had secured less than 50% marks in his 12th standard examination.
He secured 86.987 percentile i.e. 394 marks out of 720 marks in the National Eligibility Cum Entrance Test [NEET] conducted for the academic year 2021-2022. Consequently, his name appeared at Serial No. 6958 in General Merit List and at Serial No. 2374 in SEBC merit list as declared by the Admission Committee for Professional Undergraduate Medical Courses on 16.01.2022.
After applying in the designated portal of the Admission Committee, the petitioner student also completed the online choice filling formalities for the first round of counselling on 29.01.2022. The results were also declared and the petitioner had secured a seat at C.D. Pachchigar College of Homeopathic Medicine and Hospital, Surat on Government quota(SEBC Category).
Although the petitioner wanted to get admitted to the MBBS course, the Admission Committee had contended that since the petitioner had not secured 50% marks in 12th standard, he was not eligible for being admitted to the Management quota seat for medical course.
Following this, the student approached the High Court and contended that as he belongs to Socially and Economically backward classes, he is entitled to be allowed for admission to MBBS course with 40 percent marks in Class 12. However, the Admission Committee had argued that the reservation benefits are not available in the management quota seats.
Taking note of the matter, the HC single judge bench had noted that the Admission Committee for Professional Undergraduate Medical Courses had committed an error and noted, "The Admission Committee has therefore committed an error for not considering the case of the petitioner for management quota though the serial number of the petitioner is higher in the merit list than other students."
After the single judge bench provided relief to the candidate, the State challenged the order and rushed to the Division bench of the High Court.
As per the latest media report by the Times of India, after taking note of the facts and submissions concerning the case, the division bench referred to the Rule 4(5) of the admission rules and pointed out that the rules specify that the eligibility criteria for the general category students should be applied for students who seek admission in the management quota. Referring to this, the division bench quashed the order of the single judge bench.
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