CHANDIGARH: A Supreme Court bench, headed by Justice Dr DY Chandrachud and Justice Hima Kohli, issued notice to the Union Territory of Chandigarh, on a plea filed by Ananya Goswami and Col AP Goswami, challenging the last-minute change in criteria for MBBS admissions to Government Medical College & Hospital, Chandigarh.
Questioning the botched-up criteria specially introduced for the defence personnel wards, it was contended by Amar Vivek Aggarwal and Shiva Prashar, advocates for the petitioner, that all through since 1992, the Chandigarh administration has been following Union government's directives and granting the waiver of domiciliary conditions to category of wards of defence personnel, thus not mandating them to pass 10 +2 class from Chandigarh schools and has been treating them as UT Pool candidates against 85% admission quota.
The Chandigarh administration has itself framed a scheme on September 14, 2007, following the Union government’s directives whereby special consideration was shown to defence personnel wards.
In August 2018, the high court had directed the Chandigarh administration to adhere to the condition of mandating passing of three years’ studies of – 10th, 11th and 12th classes – from Chandigarh schools, and the Chandigarh administration introduced the said condition in a staggered manner spread over three years for the general category candidates.
On the other hand, acting in a grossly discriminatory manner, much after the issuance of NEET notification on 06-04-2022, the Chandigarh administration introduced a new policy midstream on July 15 this year restricting the defence personnel benefits only to those who had permanent residences in Chandigarh at the time of entry into service.
It was argued by the counsel for the petitioner that such a harsh condition made the concession to wards of defence wards purposeless because defence personnel belonged to the whole of the country and he ought to be given the option of choosing at least one state quota as per his choice.
In this case, the petitioner has been preparing herself for MBBS admission at Chandigarh for the last three years since 2018.
She joined Class 10 in 2018 at Army Public School Chandimandir, as this is the only Army Public School in Tri-city.
Moreover, at that time in the year 2018, there was a general waiver of domiciliary conditions for wards of defence personnel, with no notice that in the times to come such a waiver shall be withdrawn qua them at some time in future.
She thereafter passed her 11th and 12th from Chandigarh, with a view to joining GMCH-32, Chandigarh.
She applied for NEET 2022, whose last cut-off date was 07-05-2022.
However, the counsel for the petitioner argued that the rules of the game have been changed mid-stream in July 2022, when the last cut-off date for NEET is already over.
At this stage, the petitioner would face grim prospects of exploring the domicile of other states in the country, for which there are grim chances of her being eligible.
"Moreover, the Chandigarh administration is granting defence personnel waiver of domiciliary conditions in all other courses and streams of education, including educational colleges in Chandigarh, architecture, engineering, home science etc., but only in GMCH-32, this waiver has belatedly been withdrawn, which is quite discriminatory," said Amar Vivek.
Earlier, a division bench, headed by the chief justice of Punjab and Haryana high court vide its orders this October, had declined interim relief of provisional participation in counselling to the petitioner.
Against the denial of interim relief. defence ward Ananya Goswami approached the Supreme Court and her petition was taken up for urgent hearing in which notices have been issued to administration as counselling is set to start soon thereafter.
The Supreme Court felt appalled at the sudden withdrawal of benefits of waiver of domiciliary conditions to defence wards that too only in a medical stream and expressed concern over the way and manner the administration had proceeded being totally wrong and insensitive to defence personnel who serve the nation
The matter shall be taken up now on October 21.
