GMCH Chandigarh MBBS admissions: HC quashes UT pool OBC merit list, allows migrant candidates
Chandigarh: In a recent ruling, the Punjab and Haryana High Court quashed the merit list prepared by the Government Medical College and Hospital (GMCH), Sector 32, for the Other Backward Classes (OBC) category MBBS aspirants under the UT pool for the 2026-2027 academic session.
The High Court's ruling came in a bunch of petitions that challenged the final merit list published on August 20 on the ground that the "migrant OBC candidates" had been denied the reservation benefits as they had been considered as general candidates.
Observing that some of the candidates who had been eligible as per the plain reading of the prospectus have now become ineligible, the HC bench of Justices Suvir Shegal and Rajesh Gaur held that modification of the prospectus was impermissible.
The GMCH has been directed to revise the merit list according to the conditions laid down in the prospectus as expeditiously as possible by treating those with "migrated OBC certificates" eligible for the OBC seats under the UT pool. The Court clarified that the authorities could prescribe new admission criteria based on the instructions of the Government of India, from the next academic session.
There are a total of 200 MBBS seats available for admission at the GMCH. Out of these, 156 seats are available under the UT pool. These seats include reserved seats as well. The other seats are available under the All-India Quota and for foreign and NRI students. Under the OBC category of the UT pool, 11 seats are available.
According to a Hindustan Times report, in their pleas, the students claimed that the prospectus did not distinguish between those candidates having OBC status of other states and those whose ancestors lived in the city. Despite this, migrated OBC candidates were treated as general category candidates in the merit list, they alleged.
Observations by the High Court:
While considering the matter, the HC bench observed that GMCH, in its prospectus, mentioned that an OBC candidate was required to produce the prescribed OBC certificate from the designated authority within the UT. However, it did not have any other requirement laid down in the clauses.
The bench also observed that the criterion did not state that a candidate must prove that his/her father, grandfather or forefather was residing in Chandigarh before November 1, 1966. There was also no stipulation that a candidate, whose certificate bears the expression "migrant", would automatically be treated as a general category candidate.
It had been argued by the UT that the October 2018 instructions from the Centre mandated that an OBC person migrating from one State/UT to another would retain the status in the state/UT of origin and cannot claim corresponding benefits in the migrated state/UT.
However, rejecting this argument, the HC bench observed, "In case these instructions are read into the prospectus, it would result in a modification of the prospectus, which is impermissible. It would mean that respondents have altered the original prospectus and introduced a new eligibility condition."
Accordingly, it directed the GMCH to revise the merit list according to the conditions laid down in the prospectus as expeditiously as possible and also treat those with "migrated OBC certificates" as eligible for OBC seats of the UT pool. However, the Court clarified that the judgment would not be an impediment for prescribing an admission criterion according to the instructions of the Government of India, from the next academic session.
Earlier, on September 16, the HC quashed the merit list for Scheduled Caste (SC) candidates under the UT pool as well. The Court had held that the rules of the game, which refer to the criteria for selection, cannot be modified after the commencement of the selection process.
"This bench observed that the prospectus constitutes a declared norm by which eligibility, scrutiny, preparation of merit and admission has to be regulated. An educational institution or an admitting authority, which has framed the prospectus, is as much bound by the norms laid down therein as the candidate, who seeks admission thereunder," the bench asserted.
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