Bombay HC nod for unaided medical colleges to conduct admission

Mumbai: The Aurangabad bench of the Bombay high court has said that in the absence of any state legislation with regards to bifurcation of seats in medical colleges on the basis of any regional reservation, unaided medical colleges could conduct admission to seats on their own.

The order was passed by the Aurangabad bench of the Bombay high court in response to a writ petition filed by Marathwada Parents Teachers Association, Latur, praying for clarification of the state’s proposal to bifurcate seats in unaided medical colleges on 70:30 ratio.

Under this arrangement, 70 per cent seats would be reserved for sons of the soil while the remaining could be given to outsiders.

A division bench of Justices S.V. Gangapurwala and S.S. Patil after hearing the petition had asked the state government  to submit its reply as to what its policy was with regards to students of the region.

However, as the state government had failed to file an affidavit in this regards, the Aurangabad bench of the Bombay high court had said that it would be constrained to proceed further with the   matter and would also pass coercive order against the concerned.

The counsel for the petitioners had pointed out that the division bench of this court   has observed that there is no basis for making this reservation of 70 and 30 per cent.

The counsel added that the state government cannot do so without enacting a law.

Responding to the arguments of the petitioners, the additional government pleader said the state government had filed an affidavit as instructed by the court but nowhere was it mentioned about the 70:30 bifurcation.

The Aurangabad bench of the Bombay high court observed, “In case there is no legislation enacted, then the judgment of this court in the case of Association of the Managements of Unaided Engineering Colleges (supra) would apply.”

The matter has been kept for hearing on June 5 by the Aurangabad bench of the Bombay high court.