In a judgement passed today, September 19, 2016, the Bombay High Court has given a verdict favoring students and has directed Private Medical Colleges in Maharashtra to allocate 85% of their medical seats to students domiciled in the state.
Chief Justice Manjula Chellur and Justice M S Sonak, presiding over the case, rejected the continuation of interim relief given to the petitioner, Mahatma Gandhi Vidya Mandir, a trust which runs a dental college in Nashik. The court also rejected the petitioner’s request to grant status quo on today’s order, so that they can move the Supreme Court.
The trust challenged the admission clause which compels only state students to apply for the 85% seats in private institutes.
The petitioners counsel had argued that private unaided dental colleges have the right to admit students to BDS courses without any reservation except those guaranteed by the Constitution. It was also argued whether the right of private professional colleges to admit the students purely on merit irrespective of the state from which they have passed their HSC or Class 12 examination can be taken over by the State.
The eligibility criteria for admission to professional courses offered by private colleges is laid down in the Maharashtra Unaided Private Professional Educational (Regulation of Admissions and Fees) Institutions Act, 2015.
With the judgement, students can breath a sigh of relief as the admission process has been delayed for almost four months due to myriad litigations filed by students as well as medical and dental colleges.