The Delhi High Court has ordered that the Delhi state quota seats in the postgraduate courses in both Delhi University and IP university will be open to students who have studied MBBS from either university and obtained adequate rank in the merit list in the National Eligible-cum-Entrance Test for Post-Graduate Courses (NEET-PG),2012,conducted by the National Board of Examinations.
The court of Justice V K Jain issued the order on a plea by a student who had completed MBBS from a medical college under the DU,against a policy of both DU and the Guru Gobind Singh Indraprastha University (GGSIPU) to admit their own students into the postgraduate courses under the Delhi state quota.
According to the bulletins of information for admissions released by the two universities,students who passed final MBBS or BDS examination from IP University are not eligible for admission to the postgraduate medical courses in Delhi University. Similarly,IP University stipulates that only medical graduates of IP University are eligible for admission to its postgraduate courses.
The two students had studied MBBS under DU and had cleared NEET,then failed to get admission into IP University.
In their plea,the students had claimed that the exclusion was unconstitutional,being violative of Article 14 of the Constitution since it defeats the principle of meritocracy and excludes persons who are similarly situated and have passed MBBS from the same state Delhi.
IP University had claimed that institutional preference had been allowed by the Supreme Court through various decisions. The High Court noted that the same conditions did not exist in Delhi.
I am of the view that 50 per cent of the total seats for PG medical course available in IP University,under the state quota,should be filled purely on the basis of the ranks obtained by the candidates,who passed their qualifying examinations either from DU or from IP University and the remaining seats should be filled from amongst the medical graduates of IP University alone. This direction would apply to reserved and unreserved seats, the court said.