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The Supreme Court referred the matter of providing an institutional preference for post-graduate medical admissions to the larger bench on September 12, 2018. The bench directed that the papers must be submitted before Justice DipakMisrafor orders to be passed. The Court heard petitions filed where the judgment passed by the Gujarat High Court was challenged.
Rules made by the Gujarat University, providing preference to the candidates graduating from the university for admission to Post Graduate Degree and Diploma Courses were challenged in the petition. It had further been asserted by the petitioners that the National Eligibility Entrance Test (NEET) was designed in such a way so as to ensure that no other criteria existed except for merit for admissions to courses.
The court rejected the petition after relying on the judgments of the Hon’ble Supreme Court and thus rejected the contentions. It refused to declare the rule illegal since, it did not find the rule as violative of Article 14 of the Constitution. Thus, this has now been challenged in the Supreme Court.
It had been alleged by the petitioner that the Regulation 9 of the Post-Graduate Medical Education Admission Regulation and the introduction of NEET brings about the change to the effect that all the admissions should be on the basis of merit as per the NEET score. It was contended on behalf of respondents, that the matter must be decided by the Division bench after relying on the judgment passed by the Constitutional Bench in SaurabhChaudri&Ors. v. Union of India &Ors. In the above mentioned case, the bench upheld the institutional preference in post-graduate medical courses. The court thus, held that the matter must be heard by a larger bench.
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