The Supreme Court on Wednesday restored the 50 per cent institutional reservation of seats for post-graduate medical courses in Banaras Hindu University and Aligarh Muslim University and gave time for admission in these institutes till June 12.
Setting aside an order of the Allahabad High Court, which had quashed institutional preference in admissions, the division bench of Justices Ashok Bhushan and Deepak Gupta termed the High Court order “erroneous”.
“The High Court did not take into consideration the fact that the state (Uttar Pradesh) had no power to control admission to these universities…Therefore, we are clearly of the view that the High Court overstepped its jurisdiction and the order of the High Court is erroneous and is liable to be set aside,” the bench said.
The apex court also found out that BHU, AMU and the Medical Council of India were not parties in the matter.
“As stated, the AMU and the BHU were not parties before the High Court. The Medical Council of India and the Union of India were also not parties before the High Court,” it said, and wondered why its past judgments upholding institutional preferences in central universities were also not taken into account by the High Court.
The apex court bench also struck down the High Court’s direction denying the benefit of service rendered in remote areas to doctors who have cleared MBBS from a college outside Uttar Pradesh.