HC notice to State over denial of MBBS admission to defence

HC notice to State over denial of MBBS admission to defence
EXPRESS NEWS SERVICE

NAGPUR, JULY 4: The High Court here has directed notices before admission (NBAs) against the Secretary to State Department for Medical Education and four others in response to a petition filed by the daughter of a senior defence officer against refusal to grant her admission to first-year MBBS course through the Defence quota, despite having cleared the Combined Entrance Test (MHCET) by securing more than the minimum required percentage.

The Registrar of Maharashtra University of Health Sciences (MUHS), Director of Medical Education and Research and the Deans of Government Medical College and Indira Gandhi Medical College are the other respondents, in the order.

In her petition, Girija Gurung, daughter of Colonel A B Gurung, Commandant, 118 Infantry Battalion (TA) here, has charged the state authorities of vindictiveness for having dragged them to the high court, last year, when she had made her first attempt at securing admission to the MBBS course.

The petitioner has accused the authorities of arbitrary and malafide ways in in stalling her admission this year (academic session 2000-01) by taking recourse to a fresh clause in the rules, concerning the quota for Defence-3 category, which specifies reservation for wards of active defence personnel, transferred to Maharashtra from other states.

The authorities refused to grant her admission on the grounds of Col Gurung not taking charge here on or after the cut-off date of July 1, 1999, as mentioned in the fresh clause.

By showing the fresh clause at the eleventh hour, after she had gone through the entire process of CET, Girija was left high and dry and was unable to secure admission in other courses like the BDS, she stated.

Col Gurung took charge as Commandant, 118 Infantry Battalion (TA) - familiar as Territorial Army - at Sitabuldi Fort here on August 22, 1998. He was posted in the trouble-torn Kashmir Valley prior to this and Girija did her higher secondary education from New Delhi.

The petitioner first appeared for MHCET for academic session, 1999-2000, and was admitted to first year MBBS after clearing the examination. Her admission was, nevertheless, struck down alongwith that of other two wards of defence personnel, on the grounds that she had scored 49.50 per cent marks as against the minimum required 50 per cent marks in the Physics, Chemistry and Biology (PCB) group.

Girija and the two others moved the high court and following a hearing, the court dismissed their petition, observing that the authorities were correct in striking down their admissions.

The court had then relied on a Supreme Court verdict in Dr Preeti Srivastava vs State case. However, it mentioned in its order that Girija could appear again for the CET for session 2000-01. This led to her second attempt. This time, she cleared the examination with 50.33 per cent, and appeared for a counselling session in Mumbai.

It was here that the officials told her about the fresh clause in the defence quote rule. The petitioner has alleged that when her father confronted the authorities, all he got were indifferent and casual replies.

Upon Col Gurung's insistence, the authorities gave him a letter on June 28, rejecting his daughter's claim to the defence quote seat at either GMC or IGMC.

The petitioner has sought, among other things, setting aside of this letter and reconsideration of her claim, besides provisional admission till the dispute was settled by the court. Advocate Anand Parchure is representing the petitioner.