A Punjab and Haryana high court division bench on Thursday dismissed the appeal of Punjab-domicile students and upheld the verdict of single-judge bench for admissions in postgraduate medical courses.
The division bench of justice SS Saron and justice Gurmeet Ram dismissed the appeal filed by students against the single-judge order vide which the clause --- incorporated by the state government in December 2015 notification issued for admission to post graduate medical colleges courses giving admission on the basis of domicile of Punjab --- was quashed. The detailed order is awaited. Around 40% seats in PG courses in medical colleges is filled through state quota.
The single-judge order was challenged by students of Punjab domicile who had done their MBBS course from the universities outside Punjab.
During the course of hearing, senior advocate, Gurminder Singh, representing those who had done MBBS from state’s institutes, had argued that the clause had been rightly quashed by the single-judge bench as it was illegal. The reservation on the basis of residence was not permissible as per law, he said.
The law on this issue was very clear and had been laid down by the Supreme Court saying that the reservation on the basis of residence was violation of the Constitution of India and the reservation on the basis of Institutional preference was permissible, the counsel had argued.
The division bench has dismissed the appeal and made it clear that admissions would be made (in state quota) from the eligible candidates only and no student having state domicile would be given any preference for admission, advocate associated with the case RPS Bara said.