PG medical admissions in Maharashtra: Bombay HC stay order on publication of selection list by Maha CET Cell

The decision was taken on the basis of hearing of different pleas filed by two MBBS doctors aspiring admission to PG medical courses. The petitioners, one a physically disabled PG Medical aspirant and the other, in-service candidate opting for in-service quota; sought urgent relief saying if the merit list is published on the scheduled day their academic future will be ruined and they will not get their desirable seat as per merit.

The petitioner, Dr Rajdeep Deshmukh, has sought admission to a non-surgical PG course through 'physically handicapped' category, as he is affected by congenital deformity, leading to the shortening of the index and middle fingers of both his hands and toes. He suffers from upper limb disability of up to 52 %. In 2013, he was allowed by the High Court to pursue MBBS and completed it in January 2020. However, after appearing for NEET PG this year, he was disallowed to be considered for the PG medical degree on the same grounds of his upper limb disability.

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Aggrieved, Dr Deshmukh moved HC after he was declared ineligible for admissions to the course. During the hearing, he contended that despite the deformity, his functional capacity of upper limbs is very strong and he is able to carry out all the routine activities without any difficulty.

"He does not have any functional impairment of upper limbs inasmuch as there is only shortening of the fingers and not the absence of limb or fingers," his petition read while submitting arguments citing his eligibility for the admission.

The counsel on behalf of Dr Deshmukh then pointed out that as the court allowed him to pursue MBBS in spite of the deformity in upper limbs after experts said that he can undertake general practice so he can also choose non-surgical branch for PG studies, reports HT

The other petitioner, Dr Abhinav Bhute, had challenged the Government Resolution (GR) issued by the medical education department on March 19 last year, granting only 4 ℅ of the additional weightage to in-service candidates who have rendered service in rural areas, instead of the 10℅ weightage given by the Medical Council of India (MCI).

Dr Bhute has served in rural areas for six years and accordingly sought 30℅ additional weightage last year. But when the department refused to give him the 30% weightage, he moved HC.

As per the MCI guidelines, any government servant rendering his service in rural areas is entitled to 10-30 % additional marks over and above the marks scored in NEET. His petition states that even though he is entitled to 30 per cent additional marks as per MCI guidelines, but the State's policy is to grant only 4 % marks. It informs that for the BDS course, the State grants 30 per cent additional marks for candidate rendering service in tribal, difficult and rural areas. But the State has declined to grant an additional 30 % marks in favour of in-service candidates from rural areas, reports TOI.

Despite the HC's direction, the department has refused to give the 30% weightage to Dr Bhute, the counsel contended.

After these contentions and submissions of both the petitions were presented before the bench of Honourable Justice SJ Kathawalla, Government pleader sought time to take instructions in the matter.

Therefore, the HC posted the hearing of both petitions on April 27. "In the meantime, the first selection list shall not be published," the judge added.

"The learned GP seeks time to take instructions in the matter. In view thereof, stand over to 27th April, 2020.
In the meantime, the frst selection list will not be published."