The advocate also relied on orders of various high courts and the Supreme Court that supported the contentions of the petitioners.
Mumbai: The Bombay high court on Sunday stayed a government resolution (GR) of April 27 that makes it mandatory for post-graduate aspirants who have done MBBS and BDS from state colleges to have a domicile for getting admission. The court held that the circular was late and put the aspirants at a disadvantage and hence could not be applied at a time when the admission list was to be declared. The list was announced on April 30.
A division bench of Justices Shatanu Kemkar and Anant Badar were hearing a writ petition filed by Dr Gagandeep Mahi and others, seeking grant of interim relief against the government resolution that deemed them ineligible for admission to post graduate medical colleges in the state. The petitioners alleged that the obligation imposed by the state for the admissions to post-graduate courses at such a late stage was illegal and arbitrary.
Advocate V.M. Thorat appearing for the petitioners, submitted that this additional requirement of domicile of state of Maharashtra is contrary to the earlier notified rules for admission. The advocate also relied on orders of various high courts and the Supreme Court that supported the contentions of the petitioners.
The counsel for the state however opposed the petition, citing that “the first selection list has already been published and therefore at this stage no interference is called for.” The court felt that there was a case for grant of interim relief and granted stay.