AUGUST 6: Even as a case challenging the State government's newly framed MBBS-BDS admission rules awaits decision, another controversy revolving around the medical admissions sprung up today with the Bombay High Court, staying the ongoing admissions of reserved category students, which are termed ``earmarked'' by authorities.

The case is slated for hearing tomorrow. The stay comes in the wake of a fresh petition filed by two applicants for the first year medical course, challenging Rule 2 of Rules for Admission to the Medical-Dental course. The petition was filed by the parents of Swapnesh Parikh and Mumtaz Patel.

The rule states that a backward class applicant is also allowed to apply for an open merit seat. But, while computing the percentage of reservation, he will be deemed to have been admitted as an ``open category student''. As a result, the seat which the OBC student could have claimed in the open merit category, is shifted to the reserved category. ``The rule", said petitioners' advocate Mukesh Vashi`` has led to a depletion in the number of seats in the open category''.

The petitioners claim that the ``earmarking'' is done at the ``whims and fancies of the officials of the Directorate of Medical Education, St George's hospital.'' They have tabulated the ``earmarked'' seats in the Rest of the Maharashtra region. However, there could be more seats than those claimed, since the petitioners' information is based on reserved category seats notified in government advertisements.

Government pleader Usha Purohit could not furnish any information about the ``earmarked seats''. When Justice Ashok Agarwal and S D Gundewar asked if the one-day stay would affect the admissions, she stated that the government will consider deserving students.

Meanwhile, several people from Mumbai have filed a private citizen's petition alleging contempt of court by the government of Maharashtra, relating to the admission rules.

The Supreme Court on July 21 had re-directed a previous petition challenging the validity of the new medical admission rules in the State, back to the Bombay High Court, when the petitioners appealed before the higher court after they were refused a stay. The case is expected to come up for hearing soon.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.