Supreme Court issues notice on plea challenging Modifications in eligibility criteria for GMCH 32 MBBS admissions

Chandigarh: While considering a plea challenging the changed MBBS eligibility criteria at GMCH 32 for wards of defence personnel, the Supreme Court has recently issued notices in the matter.

Issuing notice in the matter, the division bench of Supreme Court comprising of Justices D Y Chandrachud and Hima Kohli has listed the matter for further hearing on October 21, 2022.

Medical Dialogues had earlier reported that introducing a major change in the eligibility criteria for MBBS admission at Government Medical College and Hospital, Sector 32, the UT administration had removed all kinds of exemptions earlier offered to wards of defence personnel and ex-servicemen under the 'UT Pool' category.

Earlier there was a distinction between the wards of defence personnel/ex-servicemen and the local candidates of Chandigarh in terms of applying at GMCH-32. While the candidates belonging to the former category could apply from anywhere in India for Chandigarh, the latter were not allowed to apply in any other State/UT of India to be eligible for GMCH-32.

However, the UT administration has now modified the conditions after several pleas challenging the waiver of domicile to the wards of defense personnel were filed before the Punjab and Haryana High Court.

Also Read: Plea Challenges Modifications in eligibility criteria for GMCH 32 MBBS admissions, HC issues notice to UT

Earlier, the matter had been challenged before the Punjab and Haryana High Court and petitioner Ananya Goswami had questioned the modifications in the MBBS eligibility criteria.

It was argued by the petitioner that such a harsh condition made the concession offered to the wards of Defence wards as purposeless. The plea claimed that since a Defence personnel belongs to the whole country he should at least get the choice of at least one state quota as per his/her choice.

As per the latest media report by Indian Express, the matter has now reached the Supreme Court which has issued notice in this regard. It has been argued by the petitioner's counsel Vivek Aggarwal and Shiva Prashar that Chandigarh Administration has been following the directives of Central Government regarding waiver of domiciliary conditions to the category of wards of defence personnel since 1992. Therefore, despite not completing Class XII from Chandigarh schools, such students were being treated as UT pool candidates and were eligible as 85 per cent admission quota.

Further, the counsel for the petitioner referred to the scheme framed by Chandigarh Administration on September 14, 2007, following the directions of the Union Government. In that scheme, the UT administration had shown special consideration to the defence personnel wards.

It was also submitted by the counsel that back in 2018, the High Court had directed the UT administration to comply with the conditions of mandating passing of three years' studies of – classes X, XI and XII — from Chandigarh schools. However, the said condition had been implemented in a staggered manner spread over three years for the general category candidates, the counsel pointed out.

On the other hand, the UT administration introduced the new policy and changed the MBBS eligibility criteria on July 15, 2022, much after the issuance of NEET notification on April 6, 2022. With the modifications, the benefits awarded to the defence personnel have been restricted only to those having permanent residences in Chandigarh at the time of entry into service.

Therefore, the counsel for the petitioner argued that such a harsh condition has made the concession awarded to the wards of defence personnel as purposeless and nugatory, because defence personnel belongs to the entire country and he should be given the option of choosing at least one state quota as per his chice.

Referring to the case of the petitioner, the counsel submitted that she has been preparing for MBBS admission in Chandigarh for the last three years and she applied for NEET 2022, whose cut-off date was May 7, 2022.

However. the rules of the game changed in the middle in July, 2022, after the cut-off date for NEET. Therefore, the counsel argued that due to the changed conditions, the petitioner would face grim prospects to explore the domicile of other states in India, because for that the petitioner has grim chances of being eligible.

To read the order, click on the link below.

https://medicaldialogues.in/pdf_upload/chandigarh-mbbs-188622.pdf

Also Read: GMCH Chandigarh revises Eligibility criteria for MBBS admissions