While hearing a set of petitions challenging the mandatory domicile rules in the admission to medical colleges in the state, the Gujarat High Court on Thursday questioned the state government on why it keeps changing the rules in the month of May just ahead of the admission.
The bench also sought guidelines from the government based on which domicile certificates are being issued. “We are making this observation that you have been changing rules in May,” the Division Bench, led by Chief Justice R Subhash Reddy, told the Advocate General Kamal Trivedi.
The petitioners have argued that since 2015, the state government has been changing the rules which leads to uncertainty and delays in the admission process.
Stating that “the state is only trying to bring a foolproof system, Trivedi, earlier, submitted a written reply, justifying the change in rules. The government said that the requirement of “having passed class 10 and 12 qualifying examination from CBSE schools located in Gujarat is nothing but the requirement in furtherance of the domiciliary of the state”.
The bench, however, questioned that if the examinations are requirement for domiciliary then what was the need of a separate rule that mandates a domicile certificate for medical admission.
“It is well-known that imparting medical education by medical colleges require considerable finance to maintain the same and therefore, it is reasonable on the part of the state government to see that advantage of the educational system prevalent in the state would yield benefit to the state,” the government said.
The government said that rules have been brought for the “purpose of providing a fair opportunity for medical education to student community in Gujarat and for the avowed aims and objects to produce best doctors to provide primary health care to the public at large in the state”.
Advocate Rahul Sharma, appearing for the petitioners, argued against the new rules, saying, “A rule should always be predictable and one should be aware of his limitations and possibilities. How do I plan my career when I don’t get any warning from the authorities? The basic expectation is that give us some time. By making these rules you are taking away my rights by restricting my movement from one place to another.”