SC upholds Changed MBBS Eligibility Criteria for wards of defence personnel at GMCH 32
New Delhi: The Supreme Court bench on Friday dismissed the plea challenging the modified eligibility criteria for MBBS admission at Government Medical College and Hospital (GMCH), Sector 32.
Upholding the modified rule of the Union Territory that removed the exemptions earlier provided to the wards of defence personnel under the "UT Pool" category, the top court bench headed by justice Dr DY Chandrachud and justice Hima Kohli ordered that the MBBS admission shall continue as per the new eligibility conditions as mentioned in the notification dated July 15, 2022.
Consequently, the Health Secretary also confirmed this development and clarified that "GMCH-32 will continue with the admission process of MBSS as per the prospectus released."
The plea had been moved by an MBBS aspirant who challenged the modified eligibility criteria that withheld the special benefits previously provided to the wards of defence personnel. 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.
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.
The petitioner claimed that due to the last minutes changes in the eligibility criteria, would face grim prospects to explore the domicile of other states in India, because for that, the petitioner has grim chances of being eligible.
Approaching the Supreme Court, the petitioner's counsel Vivek Aggarwal and Shiva Prashar contended 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.
On the other hand, the UT administration were represented by K M Nataraj, Additional Solicitor General of India, along with Anil Mehta, Senior Standing Counsel, UT Chandigarh
As per the latest media report by Indian Express, the counsel for the UT referred to the petitioner's contention that the rules had been changed midstream and contended that "it is not that we have changed the rules midstream; in fact, we have changed the policy. We have made a change in the policy and came up with the new notification on July 15, which was in the public domain".
Further, the UT administration contended that after the commencement of the process, nothing can be changed at this stage and granting the petitioner any interim relief would mean granting her the final relief a well.
After taking note of the submissions, the top court bench observed, "We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution of India."
Confirming the development, the UT counsel Anil Mehta, along with KM Nataraj, the additional solicitor general of India told Hindustan Times, "SC on Friday said that the UT had made changes in the notification way before the prospectus was out in public domain. The exemptions were removed as per notification dated July 15, 2022, while the prospectus was released on October 7 this year. The decision was rightfully taken by the administration after considering the fact that UT pool seats were being thrown open for all defence category students even when they didn't have any relation with Chandigarh at all."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/gmch-32-supreme-court-188871.pdf
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