Bombay HC continues stay on publication of first merit list for postgraduate medical admissions
The Bombay High Court (HC) on Monday continued the stay on publication of Maharashtra’s first merit list for admissions to postgraduate (PG) medical courses till May 5. The list was scheduled to be published on April 24.
Justice Ujjal Bhuyan on Monday continued the stay order passed last week by Justice SJ Kathawalla on separate petitions filed by two PG aspirants through advocate Madhav Thorat.
One of the petitioners, Dr. Rajdeep Deshmukh, has sought admission to a non-surgical PG course through the ‘physically handicapped’ category, as he is affected by congenital deformity, leading to the shortening of the index and middle fingers of both his hands and toes.
Dr. Deshmukh moved HC after he was declared ineligible for admissions to the course. He contended that despite the deformity, his functional capacity of upper limbs is very strong, and he is able to carry out all the routine activities without any difficulty.
“In other words, he does not have any functional impairment of upper limbs as much as there is only shortening of the fingers and not the absence of limb or fingers,” said his petition.
According to Thorat, Dr. Deshmukh was admitted to the MBBS (Bachelor of Medicine and Bachelor of Surgery) course through a physically handicapped category, pursuant to the order passed by the HC. The court allowed him to pursue medical education in spite of the deformity in upper limbs after experts said he can undertake general practice and can also choose a non-surgical branch for PG studies.
The other petitioner, Dr. Abhinav Bhute, has challenged the government resolution (GR) issued by the medical education department on March 19 last year, granting only 4 ℅ of the additional weightage to in-service candidates who have rendered service in rural areas, instead of the 10℅ weightage given by the Medical Council of India (MCI).
Thorat had earlier pointed out that the MCI had in April 2018 issued a notification granting 10℅ additional weightage per year of service, subject to a cap of 30℅, to candidates serving in tribal areas, difficult terrains, and rural areas.
Bhute has served in rural areas for six years and accordingly sought 30℅ additional weightage last year. But when the department refused to give him the 30% weightage, he moved HC. The court had on March 12 last year directed the state government to extend additional weightage as contemplated by MCI notification to in-service candidates who have served in rural areas. But despite the HC’s direction, the department has refused to give the 30% weightage to Bhute, Thorat had added.
The petitions will now come up for further hearing on May 5 and the stay will continue till then.