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VIVEK KUMAR SINGH
Sri Venkateshwaraa Medical College Hospital and Research Centre – Appellant
Versus
National Medical Commission, Represented by its Secretary – Respondent
ORDER :
(Vivek Kumar Singh, J.)
(Prayer : Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in order dated 22.07.2024 in reference F.No.315/DHFWS/BOME/E3/PG-Counselling/2024-25/49 and quash the same and in consequence thereof, directing the third respondent to conduct PG medical counselling by treating all the PG medical seats available in the petitioner institution as all India Management Quota seats.)
The order of the second respondent dated 22.07.2024, directing the Private Self-Financing Colleges to surrender 50% of the total sanctioned seats in the Post Graduate Medical Course towards Government quota for the academic year 2024-25, is put under challenge in the present Writ Petition.
2. Heard the learned counsels appearing for the petitioner as well as for the respondents.
3. The brief facts of the case of the petitioner is as follows:
3.1. The petitioner is a minority (Linguistic-Telugu) Private Self-Financing Medical College situated within the Union Territory of Puducherry. They are providing education in the field of medicine both at the Under Graduate and Post Graduate lev
The New Regulation PGMER 2023 permits seat sharing for reservation policies, overriding previous regulations, and minority institutions cannot claim all seats as All India Management Quota.
Point of Law : Article 371J of the Constitution of India reads as President is empowered to provide that the Governor of Karnataka would have special responsibility for The establishment of a separat....
The fixation of government seat quotas in unaided minority institutions is unconstitutional and violates their fundamental right to autonomy under Article 30(1) of the Constitution.
The consensual agreement between the State Government and the association of unaided professional educational institutions is binding, and the scope of judicial review in matters of seat allotment an....
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
Domicile restrictions for admissions in minority institutions violate the equality clause under Article 14, mandating that PG medical course admissions be based on merit rather than residence.
The allocation of reserved seats must follow institutional policies ensuring compliance with relevant laws, without arbitrary conversion of categories.
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