The Punjab and Haryana High Court has struck down a condition imposed by Government Medical College and Hospital,Sector 32(GMCH-32) for obtaining admission to MBBS stream under the NRI quota.
The condition required parents or grandparents of a non-resident Indian (NRI) candidate to own immovable property on his/her name in Chandigarh for at least five years. This was challenged by Jasmine Kaur,an MBBS aspirant. The petitioner had requested the High Court to quash the clause,as it was absolutely unconstitutional and unjust.
The petitioner had also sought directions to treat her at par with other NRI candidates,irrespective of having immovable property in Chandigarh,for admission to the course. Taking cognizance,the High Court had issued notices in July to the Chandigarh Administration and GMCH-32,asking both to submit their response.
Jasmine,a Canadian citizen (an NRI),at present resides in Mohali. The petitioner had contended that she was being discriminated against,as her father or grandfather had not purchased any immovable property in the last five years.
She,in her petition,had submitted that her grandfather was with the Punjab Civil Secretariat and retired as an under secretary in 1994. He remained in Chandigarh in a government accommodation allotted by the Administration under the Punjab quota from 1965 to 1984. She also submitted that her parents purchased property in Mohali and shifted a few years back.
The petitioner,through her counsel,had contended that the very basis of the incorporation of such a condition in order to fall under the NRI category had no basis and no rational nexus with the object sought to be achieved.
Her counsel had contended that merit cannot be accessed on the basis of financial capacity. The Constitution of India does not permit classification on the basis of finances,that too,for admission.
Finding force in the contentions raised by the petitioner,the High Court has struck down the said condition imposed by GMCH-32.