NEET 2019 – Candidate of One State Can Seek Admission In State Quota of Any Other State : P & H HC

NEET Bulletin: Dismissing a writ petition, the High Court of Punjab & Haryana held that a candidate, who applied for the National Eligibility cum Entrance Test (NEET) 2019 examination from particular State, can seek admission in the State quota of any other State.

The State Government of Punjab had in its notifications of year 2017 and 2018 mentioned the inclusion of ‘institutional reservation’ from academic year 2019-20, for admission to MBBS/BDS courses in medical and dental institutions in the State of Punjab.

Introduction of institutional quota implied reservation for only those candidates who had pursued secondary and senior secondary studies from the state itself. However, the said reservation was obliterated in the notification for the year 2019. Consequently, the students could only claim residential quota and students who had studied from schools outside the state of Punjab but were residents of the sate were eligible to claim reservation. Aggrieved by the same, the petitioner filed a writ in the nature of mandamus and argued on four broad contentions:

Firstly, the exclusion of institutional quota subjected the students of Punjab to unwarranted excessive competition.

Secondly, the state had earlier mentioned the inclusion of institutional quota and unnotified exclusion of the same attracted the doctrine of legitimate expectation.

Thirdly, it was contended that since the notification was issued after the declaration of results of NEET, the same amounted to change in rules of the game after the game has begun.

And lastly, it was submitted that a student who applied for the NEET 2019 examination from a particular State could not be permitted to seek admission in State quota seats in any other State.

 

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