State Holds Authority to fix number of Medical seats under State Quota: Gujarat HC junks Plea Seeking Increase of MBBS Seats
Ahmedabad: The Gujarat High Court recently dismissed a plea seeking directions upon the authorities to increase the number of State-quota MBBS seats in order to compensate for the reduction of seats for the open category due to the amalgamation of the Economically Weaker Sections (EWS) quota seats in the open category.
Further, the HC bench comprising Justices Nikhil S. Kariel clarified that the State Government has the right to fix the number of MBBS seats available under the State Quota.
Expressing clear disapproval of the plea and the bench opined it to be "absolutely misconceived". The High Court further observed, "A student, while would be entitled to approach this Court, more particularly, claiming any violation of Articles 14 and 16 of the Constitution of India, would not in the considered opinion of this Court, have any right to seek direction against the State to increase the number of seats to a particular extent so as to ensure that the student is accommodated."
“In the considered opinion of this Court, the issue with regard to fixing the number of seats for M.B.B.S., more particularly, in the said quota, would be the policy decision of the State, more particularly, having regard to the infrastructure and resources available with the State,” clarified the High Court bench.
As per the latest media report by Live Law, referring to the reduction in MBBS seats for the open category as a result of the amalgamation of a 10% EWS quota into the open category, the plea sought to compensate for the reduction of those seats and sought a direction upon the authorities to increase the number of seats in Gujarat.
However, while considering the matter, Justice Nikhil S. Kariel clarified that the Court lacks the jurisdiction to issue a writ directing the State to increase seats until all petitioners get accommodated.
At this outset, the HC bench further emphasized that increasing the seat capacity is not a simple process and it could impose an additional burden on the State. The bench also pointed out that it requires approvals from the National Medical Commission (NMC) and the Medical Council of India (MCI) (who are also parties in the case) respectively.
Therefore, rejecting the plea, the Court concluded by observing,
“In the considered opinion of this Court, it is for the State to fix the number of seats for the M.B.B.S. seats, which are governed under the State quota and whereas, it would not be for this Court to direct or the petitioners to seek such for direction to increase the number of seats."
