Tuesday, September 8, 2015

HC ends preferential treatment for Gujarati students in NRI quota

Gujarat high court on Monday scrapped the new rules made by the state government for admissions under the NRI quota in medical courses, by which preferential treatment was given to candidates of domiciled in Gujarat.

A division bench of Acting Chief Justice Jayant Patel and Justice N V Anjaria junked the new amendment on the grounds that it discriminates against students from other states and this is in clear violation of the constitutional right to equality of opportunity.

The HC intervened in the issue in response to a petition by a student, Kolasani Sai Yaswant Reddy from Andhra Pradesh, who complained that in the name of preferential treatment to local students, the new provisions gave merit the go-bye. Even if a student from another state had secured a higher percentage of marks, he would lose admission under the NRI quota to a Gujarati student with fewer marks.

In May, the state government issued a notification and made changes to the Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment Fees) (Amendment), 2015. By providing new provision to the sub clause (i) of clause (4) of sub rule C of Rule 7 of the laws, the state government has denied admission to students coming from states other than Gujarat. The petition questioned this amendment as violative of Article 14 of the Constitution.

Earlier, during a hearing of this petition former ACJ V M Sahai commented, "The secretaries make policies to please their bosses and do not bother to see whether they are in accordance with law." With this remark, the HC had stayed the recent amendment.

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