Gujarat high court on Monday upheld the state government’s rule that the student seeking admission in undergraduate medical courses under state’s quota of 85% should be domiciled in Gujarat.
After upholding the rule of mandatory domicile status for eligibility for admission in MBBS, a bench of Chief Justice R S Reddy and Justice V M Pancholi ordered the state government to take a quick decision on whether those students, whose domicile of origin is Gujarat but have not cleared their Class 10 exams from the state, should be held eligible for admission.
The high court directed the state government to take immediate decision because according to the Medical Council of India (MCI) schedule, counselling process for admission was to begin from Monday. The HC did not want to disturb the schedule and ordered for quick decision.
Rule 4(3)(ii) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules mandated for a candidate to clear Class 10 from Gujarat.
Later in May, the state government inserted another provision in form of Rule 4(1A), which provided that the student must be domiciled in Gujarat.
The high court has rejected the challenge to this law by holding it legally valid.
However, the high court was concerned with the fate of more than 125 students who hold domicile certificate, but did not pass their Class 10 exams from Gujarat.
One of such students was a daughter of an army personnel, who was posted in West Bengal for a few years and had passed her Class 10 exams from a school in WB.
The division bench said that since the rule of passing Class 10 exams existed before the mandatory domicile rule, the government must make clarity on this aspect.
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