E-Paper
Punjab and Haryana HC asks BFUHS to allow provisional MBBS counselling to students disputing fresh notice
HC bench while observing that the issue required closer scrutiny has posted the matter for a further hearing. It directed that such students be allowed provisional counselling.
The Punjab and Haryana high court has directed the Baba Farid University of Health Sciences (BFUHS), Faridkot to allow provisional counselling to those students, bonafide residents of the state, but had not mentioned the fact in initial application for the NEET exam in April 2022, for MBBS course in state’s colleges.
A division bench comprising justice Ritu Bahri and justice Nidhi Gupta, acted on the pleas from some students, including Himanshu Verma, who had approached high court challenging a October 14 notice. In a notice put out by the state government on October 14, it was stated that such candidates are ineligible to participate for counselling who had not filled in their option as Punjab while filling in NEET form in April 2022.
Counsel for the students, Amar Vivek Aggarwal, had argued that it amounted to changing the rules of game mid-way, because the candidates had no clue nor there was any condition at the time of filling in NEET form that they must fill the option of state of eligibility as Punjab. Even in the prospectus issued on October 7, by BFUHS, there was no such condition. BFUHS came out with counselling schedule on October 13, therein also no such condition was there. However, on October 14, the state came out with the impugned notice, it was submitted.
It was argued that the government acted totally contrary to the spirit of eligibility and merit, by prescribing conditions, that too after the notification of counselling. In the NEET form also, there was no such requirement or mandatory condition that the choice of state had to be quoted, to make a candidate as eligible. Hence, the state has retrospectively opted for the change, it was argued.
The high court bench while observing that the issue required closer scrutiny has posted the matter for further hearing on October 31 and directed that such students be allowed to provisionally take part in the counselling and result be kept in a sealed cover. The petitioner cannot take benefit of 85% state quota, if he has applied in the other universities claiming same benefit, the court further clarified.
