Merit Prevails: Bombay High Court Rejects Doctor's Plea for PG Medical Admission and Compensation.


03 April 2025 Education >> Miscellaneous  

In Dr. Balaji Ashok Bhise v/s The State of Maharashtra & Others., the Bombay High Court dismissed a petition filed by a doctor challenging the Post Graduate (PG) Medical Course admission process for the 'In-service' category and seeking a reserved seat in 'M.D. Medicine', along with ?2.00 Crore in compensation. The petitioner, who had completed MBBS-DCH and served in rural hospitals, appeared for NEET-PG 2023 and was placed at Serial No. 187, belonging to the NT-(C) category.

The petitioner's primary grievance stemmed from the admission of Respondent No. 6 to the M.D. Medicine course at Government Medical College, Miraj, allegedly based on a fraudulent Economically Weaker Section (EWS) certificate. The petitioner had filed a complaint regarding this and claimed entitlement to the seat. While the EWS certificate of Respondent No. 6 was subsequently cancelled, the High Court noted that the petitioner had made a false statement in an earlier writ petition regarding the cancellation date.


 

 

The State CET cell, the third respondent, argued that the petitioner was lower in merit than Respondent No. 6 in the 2023-24 academic year merit list. Crucially, the CET cell pointed out that as per the NEET-PG Information Brochure and a Government Resolution dated July 19, 2023, the petitioner, having already obtained a PG Diploma in Child Health (DCH), was only eligible for admission to MD-Pediatrics, not MD-Medicine.

The High Court, emphasizing the Supreme Court's directives on merit-based admissions in medical courses, upheld the CET cell's stance. It ruled that based on the existing regulations, the petitioner was ineligible for the M.D. Medicine course. Furthermore, the court noted that even if the seat obtained by Respondent No. 6 became vacant, it would revert to the 'open' category, and the petitioner, being lower in merit in the relevant academic year, would not be entitled to it. The court also highlighted that an interim protection initially granted to Respondent No. 6 prevented the petitioner from claiming illegal denial of admission.

Citing the Supreme Court's judgment in National Medical Commission vs. Mothukuru Sriyah Koumudi and Others, the High Court stated that creating a supernumerary seat or increasing intake capacity for PG medical courses is impermissible. Consequently, even a direction for admission in the subsequent academic year was deemed unjustified.

The High Court dismissed the petitioner's allegations of collusion as disputed questions of fact not amenable to writ jurisdiction and rejected the claim for compensation. The petition was ultimately dismissed without any order as to costs, with the court concluding that no interference was warranted in the writ jurisdiction given the facts and circumstances.