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HC breather for MBBS aspirants in Punjab
Saurabh Malik
Tribune News Service

Domicile issue If you have a Punjab domicile, but have passed your 10+2 from a school outside the state, you are eligible for admission to any medical college in the state, at least for now

Chandigarh, January 4
Students with Punjab domicile, who have passed their 10+2 from schools outside the state, are eligible for admission to medical colleges in the state, at least for the time being.

The Punjab and Haryana High Court has termed as unreasonable and arbitrary a clause in the admission notification of June last year, which prevented students from seeking admission to medical colleges in the state on the ground that they have not passed the 10+2 qualifying examination from an institute in Punjab.

The significant ruling by Justice Rakesh Kumar Jain came on a bunch of eight petitions filed by Geetika and others against the State of Punjab and other respondents. The petitioners, residents of Punjab, had passed their 10+2 examination from a school outside Punjab.

Their grievance was that they were eligible, yet they were denied admission because of Clause 14 of the notification dated June 5, 2013, issued by the Punjab, Department of Medical Education and Research, for admission to MBBS and BDS courses in government and private institutes across the state.

As per the notification, the candidate should have passed 10+2 or other qualifying examination from a recognised institution in the State of Punjab, unless exemptions where applicable.

The petitioners contended the online form for national eligibility-cum-entrance test-2013 was filled in December 2012 and the examination was held on May 5, 2013. The result was declared on June 5, 2013, and on the same day a notification was also issued containing the impugned Clause 14.

The petitioners had contended that while filling the forms online to take NEET-UG-2013, they gave Punjab as first preference for determination of rank in the state quota. Had they been made aware of the criteria at the time of filling the forms, they would have opted for a state from where they passed the 10+2 examination.

Taking up the matter, Justice Jain asserted: “In my opinion, this kind of notification should have been issued by the respondents even before filling up the forms for NEET examination so that the candidates should have known beforehand that they would not be eligible to apply for admission in Punjab even if they acquire a high rank in their own state quota. “Thus, Clause 14 of the notification, which debars candidates from seeking admission in Punjab on the ground that they had not passed Class-12 exam from Punjab, is unreasonable and violative of Article 14. The condition enumerated in Clause 14 of the notification may apply in future, but would not apply to petitioners… The admissions granted to petitioners, in terms of the interim orders, are ordered to be regularised forthwith.”