Medical Admissions | Fixing Number Of Seats In State Quota Policy Decision Of Govt, Students Have No Right To Seek Such Direction: Gujarat HC

Bhavya Singh

5 Sep 2023 5:56 AM GMT

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  • Medical Admissions | Fixing Number Of Seats In State Quota Policy Decision Of Govt, Students Have No Right To Seek Such Direction: Gujarat HC

    While observing that it is the prerogative of the State government to determine the number of seats available for MBBS courses under the State quota, the Gujarat High Court has dismissed a writ petition seeking a direction upon the authorities to augment the number of seats in Gujarat.The petition sought to compensate for the reduction in seats for the open category due to the amalgamation of...

    While observing that it is the prerogative of the State government to determine the number of seats available for MBBS courses under the State quota, the Gujarat High Court has dismissed a writ petition seeking a direction upon the authorities to augment the number of seats in Gujarat.

    The petition sought to compensate for the reduction in seats for the open category due to the amalgamation of a 10% Economically Weaker Sections (EWS) quota into the open category.

    Justice Nikhil S. Kariel, presiding over the case, expressed a clear disapproval of the petition, deeming it as "absolutely misconceived."

    Justice Kariel asserted,

    “A student, while would be entitled to approach this Court, more particularly, claiming any violation of Articles 14 and 16 of the Constitution of India, would not in the considered opinion of this Court, have any right to seek direction against the State to increase the number of seats to a particular extent so as to ensure that the student is accommodated.”

    “In the considered opinion of this Court, the issue with regard to fixing the number of seats for M.B.B.S., more particularly, in the said quota, would be the policy decision of the State, more particularly, having regard to the infrastructure and resources available with the State,” he further elucidated.

    He went on to clarify that issuing a writ directing the State to increase seats until all petitioners are accommodated does not fall within the court's jurisdiction.

    He emphasized that increasing seat capacity is not a simple process, and such an expansion would impose an additional burden on the State, necessitating approvals from the National Medical Commission and the Medical Council of India (respondent nos. 3 and 4, respectively).

    “In the considered opinion of this Court, it is for the State to fix the number of seats for the M.B.B.S. seats, which are governed under the State quota and whereas, it would not be for this Court to direct or the petitioners to seek such for direction to increase the number of seats,” the Court concluded while rejecting the petition.

    Case Title: Jenil Dilipkumar Patel vs State Of Gujarat

    Case Citation: 2023 Livelaw (Guj) 145

    Case No.: R/Special Civil Application No. 14910 Of 2023

    Appearance: Mr Vivek V Bhamare(6710) For The Petitioner(S) No. 1,2,3,4,5,6,7,8,9 Ms Manisha L Shah, Government Pleader With Mr Sahil Trivedi, AGP For The Respondent(S) No. 1,2,3,4

    Click Here To Read/Download Judgment

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