Higher Education

Higher Education

Grads from Maharashtra without domicile can seek medical PG seats in state

PUBLISH DATE 23rd February 2018

MUMBAI: Coming to the aid of post graduate aspirants from outside state who have done MBBS in Maharashtra, the Bombay high court on Thursday quashed rules introduced by the state last November making such students ineligible for admissions in government, civic and private institutions.
A bench of Justices Bhushan Gavai and BP Colabawalla said that it was a “settled proposition by the Supreme Court that there cannot be a domicile criterion set for post graduate admissions”.

Since April 2017, the state has been trying to bring in domicile as a criterion for PG medical admissions . State-run colleges have 50% state quota and 50 % all India quota, while private ones have 50% state quota and 50% institutional quota within which there is 15% NRI quota.

A November 15, 2017 notice issued by the Director of Medical Education & Research (DMER) made all non-domiciled students graduating from Maharashtra “ineligible for admission to postgraduate courses in government as well as private medical colleges.’’ Subsequently, Dr Sharvil Thatte, who hails from Madhya Pradesh and did MBBS in Maharashtra, and eight other medical graduates who were rendered ineligible to apply for PG seat within the state quota, approached the high court. The petitions annexed a list of 150 affected students.

Thatte’s counsel, V M Thorat and Pooja Thorat, argued that the new rule impinged the fundamental rights of students’ under an All-India quota... only on the ground that do not have a Maharashtra domicile when they all have passed MBBS courses from medical colleges situated in the State of Maharashtra and affiliated to Maharashtra University of Health Sciences.’’

Maharashtra advocate general Ashutosh Kumbhakoni justified the need for domicile criteria saying the government spends huge amounts of public money on medical education but faces an acute shortage of doctors in rural areas and primary health care. He said that out-of-state students usually go back to their state and set up practice and are not available for service in Maharashtra. He said that since there is already 50% state quota and 50% institutional quota in private institutions, it is necessary to ensure availability of seats for domiciled students.

The students pleaded that having passed their MBBS from Maharashtra, they be declared eligible and entitled to pursue PG course here. As per the Regulation framed by the Medical Council of India, for being eligible to postgraduate courses,a student is required to pass MBBS from the recognized medical colleges and must complete internship by March 31, 2018.

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