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GMCH: High Court junks student’s plea on admission to MBBS course

The court observed that the petitioner's effort to be considered against the NRI seat by importing the definition of NRI for BDS course is not only strange but is unacceptable.

Written by Jagpreet Singh Sandhu | Chandigarh | November 25, 2020 10:57:58 am
chandigarh domestic violence case, domestic violence case against delhi magistrate, Delhi News, indian expressThe proceedings of the case are still pending in a Chandigarh court.

The Punjab and Haryana High Court has dismissed a student’s plea challenging the admission criteria for foreign Indian students to MBBS course at Government Medical College and Hospital in Sector 32, Chandigarh.

The petitioner, Aanchal Setia, applied for admission to MBBS course at GMCH in general category.

Apprehensive that she may not be selected in the general category, she through her counsel contended that she is eligible to be considered against the NRI quota.

Her counsel argued that there is a contradiction in the prospectus for admission to MBBS at GMCH and BDS courses being offered by Dr Harvansh Singh Judge Institute, Sector 25, Chandigarh. The petitioner contends that she clearly comes under the category of NRI as described in the prospectus for admission to BDS course being run by the said institute.

Challenging the admission criteria for foreign Indian students to MBBS course, her counsel contended that the definition of NRI given in the prospectus for admission to MBBS course in GMCH is discriminatory and arbitrary.

She has also sought a writ in the nature of certiorari for quashing Clause A-8 of the prospectus for MBBS/BDS/ BHMS courses-2020 issued by GMCH, wherein criteria for admission to NRI seats has been laid down.

In reply, Pankaj Jain, advocate who represents UT, submitted that the two courses are different and cannot be equated in any manner. GMCH is entitled to lay down its own criteria. Dr Harvansh Singh Judge Institute runs a dental college which is constituent college of Panjab University for which funds, staff and equipment are provided by the Panjab University.

Advocate Subhash Ahuja, counsel for Panjab University, submitted that all expenses for running the dental college are borne by Panjab University and it has laid down its own definition of NRI.

After hearing the arguments, a division Bench of Justices Rajan Gupta and Karamjit Singh observed that the petitioner’s effort to be considered against the NRI seat by importing the definition of NRI for BDS course is not only strange but is unacceptable. The contention that the clause pertaining to definition of NRI for admission to MBBS course in GMCH is arbitrary and discriminatory, is without any merit.

While dismissing the petition, the Bench held, “The prospectus makes it clear that the possession of Green Card will not make a person eligible for admission to MBBS course in GMCH, as a matter of right. Merely because the petitioner’s stand is that her maternal aunt, i.e. her mother’s real sister, who is having green card of USA and is ready to support her, does not make her eligible for admission to MBBS course as the definition as contained in the prospectus for admission to MBBS course excludes the distant relations and has been confined to foreign Indian students as has been described in Clause A-8 of the prospectus.”

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