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Gujarat High court questions last-minute change in medical management quota.

Gujarat high court questions last-minute change in medical management quota

Gujarat high court on Friday pulled up the state government for its last minute decision to convert self-financed college management quota seats into government quota and changing the eligibility criteria by declaring - in the middle of the admission process - that admissions on these 105 seats would be on basis of GujCET results.

A bench of Chief Justice R S Reddy and Justice V M Pancholi reprimanded the authorities for putting students and parents in a "pitiable condition." It warned the authorities about playing with the futures of students by making overnight decisions, particularly when the admission process has already been delayed due to various decisions of the state government and uncertainty prevails over the academic session.

Questioning the change of the scheme of admission to the released management quota in 7 Gujarat Medical Education and Research Society's (GMERS) colleges, the HC issued notice to the state government, all seven colleges and their managements as well as to the Admission Committee for Professional and Medical Courses. They are asked to reply by September 6.

Meanwhile, the high court allowed ACPC to continue with its mock round, but restrained it from finalizing the results. The entire process will be subject to the outcome of this litigation, the petitioners' advocate Vikas Nair said.

Three students moved the HC against the decision of the state government to surrender 105 management quota seats in GMERS colleges and insisting on filling them through GujCET. The petitioners demanded that these seats be filled through NEET (National Eligibility Cum Entrance Test). They have accused the government of resorting to this tactic to accommodate certain students in medical courses.

The students objected to the decision, first on the grounds that this alteration could not be done once the admission process was under way. This is in direct breach of principles of natural justice and an attack on the doctrine of legitimate expectations of students who fared well in the NEET exam.

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The petitioners questioned the provisions of rule 3B(3) of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Fixation of Fees) Rules stating that it is against the provisions of the Indian Medical Council Act, which governs admissions to management quota seats by the NEET exam only. Therefore, such transformation of seats is in violation of law, the petition contends.

Meanwhile, parents of students who cleared their class XII examination from Central Board of Secondary Education raised a commotion after the details of seats were declared. The parents claimed that the Admission Committee for Professional Medical Education Courses has given CBSE students very few seats.

The parents said that in 2015 there were 102 seats reserved for the students of CBSE, but this year ACPMEC has allocated just 54, which is 48 less than last year.

'Use NEET for admissions to 105 seats'

Three students have moved the Gujarat high court against the state government's decision to surrender 105 management quota seats in seven self-financed medical colleges run by Gujarat Medical Education Research Society (GMERS) and deciding to fill them through GujCET (Gujarat Common Entrance Test).

The petitioner students have argued that instead of granting admissions on the basis of GujCET, the prevalent procedure should be adopted and admissions to the 105 MBBS seats should be given on the basis of NEET (National Eligibility Cum Entrance Test). They have accused the government of resorting to this tactic to accommodate certain students in medical courses.

Last month, 105 management quota seats were given up and transferred to the government quota (general category). The government decided that admissions to these seats will be administered on basis of GUJCET merit list rather than NEET scores.

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The petitioners have objected to the decision first on the ground that this alteration cannot be done once teh admission process was underway. This is in direct breach of principles of natural justice and an attack on the doctrine of legitimate expectations of the students who have fared well in NEET exams, the petitioner students have argued.

The petitioners have questioned the provisions of rule 3B(3) of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Fixation of Fees) Rules saying that it is against the provisions of the Indian Medical Council Act which allow admissions to management quota seats only through NEET. Therefore, the change in rules is in violation of law, the petitioners have contened.

The petitioners have also argued that the state government's decision to surrender these seats was an exercise in futility because it overreaches the powers of the Centre to govern the admission process. They have argued that the state government is trying to benefit "certain interested persons".

Source: The Times of India



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