Gujarat High Court on Thursday in its judgment while striking down a compromise formula entered into by the state government with a Consortium of Self-Finance Dental Institutions for seat sharing of post-graduate dental seats calling it against the statutory provisions.
According to the agreement, 50 per cent of the total seats were to be filled under government quota and remaining 50 per cent seats were to be filled under management quota excluding 15 per cent mandatory NRI quota.
A division bench of the HC comprising of Justices P B Majmudar and Mohinder Pal passed a judgment in this regard while criticising the state government and the Consortium of Self-Finance Dental Institutions for adopting the “short circuit” method regarding seat sharing.
According to the details, admissions to the post-graduate courses of Dental Colleges are being governed under the provisions of the Gujarat Professional Medical Educational Colleges or Institutions (Regulations of Admission and Fixation of Fees) Act, 2007. According to the said Act, 75 per cent seats have to be filled in under the government quota and 25 per cent have to be filled in under the management quota that includes NRI quota.
In 2011, the Consortium had challenged constitutional validity of the Gujarat Professional Medical Educational Colleges or Institutions (Regulations of Admission and Fixation of Fees) Act, 2007. However, before adjudication of the petition, the petitioners had chose to withdraw the petition while putting forward a settlement arrived at by them with the state government over the seat sharing for post-graduate Dental courses. According to the formula, 50 per cent of the total seats were to be filled under government quota and remaining 50 per cent seats were to be filled under management quota excluding 15 per cent mandatory NRI quota.
Certain meritorious students who got affected by the said agreement challenged it at the HC and the court ruled in their favour while holding the agreement against the statutory provisions.
In its 63-page judgment which started with the lines - “Commerce is at its best in the field of education”, the bench came down heavily on the state government and the Consortium of Self Finance Colleges.
“It is unfortunate that at the time when admission process was under process, a statement was made in a pending petition as late as in March, wherein the state government entered into a settlement prescribing change in the existing pattern or providing seat sharing ratio which is prescribed under the statutory enactment,” the bench observed.
The court has held that the Gujarat Professional Medical Educational Colleges or Institutions (Regulations of Admission and Fixation of Fees) Act, 2007, still holds field and the settlement cannot have any overriding effect on it.
The court ruled that the admission procedure will take place as per the said Act. It has also directed the authorities to revise the merit list according to the judgment. The court has also held that the NRI quota will be included in the 25 per cent management quota seats. The decision has been stayed by the bench till August 31.
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