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NRI student moves high court,challenges GMCH-32 clause on admission

Terming it “discriminatory,arbitrary and unreasonable”,an NRI student has challenged the condition imposed by Government Medical College and Hospital (GMCH-32) for obtaining admission to MBBS stream under the NRI quota

Written by RAGHAV OHRI | Chandigarh | Published: July 10, 2013 4:07:34 am

Terming it “discriminatory,arbitrary and unreasonable”,an NRI student has challenged the condition imposed by Government Medical College and Hospital (GMCH-32) for obtaining admission to MBBS stream under the NRI quota.

The condition requires 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”. The clause has been challenged by Jasmine Kaur,an MBBS aspirant. The petitioner has requested the high court to quash the clause,as it was “absolutely unconstitutional and unjust”.

The petitioner has 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 cognisance,the high court on Tuesday issued notices to the Chandigarh Administration and Government Medical College and Hospital,Sector 32,asking both to submit their response.

Jasmine,a Canadian citizen (an NRI),at present,resides in Mohali. The petitioner 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,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 Chandigarh 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,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 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”. The state was not permitted to classify on the basis of financial capacity of an individual,read the petition.

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