Himachal: Decision on quota benefit in MBBS admission upheld

Shimla, September 10

The HP High Court has refused to interfere with the policy decision of the state government to declare all bona fide Himachali students or children of bona fide Himachalis, irrespective of their place of schooling, as eligible to apply for the allocation of seats under 85 per cent quota in government and private medical colleges.

Justice Sandeep Sharma passed the judgment on a batch of petitions challenging the government decision.

The petitioners contended that there was no need to change the eligibility and qualification criteria by the respondents in the prospectus for MBBS/BDS for 2022-23 that, too, after the declaration of NEET results. The petitioners contended that the respondents unilaterally made changes in the prospectus, without there being any plausible justification, with a view to giving benefit to some students, who though are bona fide Himachalis but have received education in schools located outside the state. Due to this change, the chances of the petitioners getting admission to medical colleges in the state under 85 per cent quota had been marred.

Anup Rattan, Advocate General, contended that the government was bound to provide equal rights to all people of Himachal Pradesh. He submitted that the parents of some students were compelled to reside outside the state on account of their jobs and as such, it could not be expected that their children could have received education in schools located in Himachal Pradesh.”

While accepting the contention of the state, Justice Sharma observed, “Earlier, the benefit of exemption was made available to only one category of students, which, by all means, is akin to the category of students whose parents are residing outside the state. Having realised/appreciated the difficulties as well as the right to equality of the other category, which is compelled to live outside the state on account of their private job/occupation, the government decided to do away with the condition of passing two examinations from schools located in the state.”

While dismissing the petitions, Justice Sharma held “this court finds no reason to interfere with the policy decision of the state.”