HC annuls order on MBBS admissions

PATNA: A division bench of the Patna high court has set aside a single bench order which had validated a state government order to lower the minimum qualification for admission to MBBS course in order to fill the seats reserved for SC/ST candidates.
Hearing an LPA on Wednesday, the division bench comprising Justice Navaniti Prasad Singh and Justice Nilu Agarwal, however, observed the students already admitted on the basis of lower qualifying marks could not be made to suffer.Their admission, therefore, should no be cancelled.
While dismissing a writ petition against the state government order, a single bench of the court had on September 23, 2014 observed a government in a democratic set up was supposed to represent the will of the people. The Constitution also provides for reservation for weaker sections of the society and the state legislature in 2003 amended an existing Act for providing reservation to the deprived sections of the society. As per the provisions of the amended Act, 16% and 1% seats in medical colleges are reserved for SC and ST candidates respectively.
The single bench observed the percentage calculated to 67 MBBS seats, which was a big number for an undeveloped state like Bihar. As it is, MBBS doctors are not available in remote villages and, as such, allowing the 67 seats to be kept vacant would amount to closure of one medical college in Bihar.
The LPA was filed by Medical Council of India regarding admission to MBBS course in different medical colleges in Bihar on the basis of Bihar Combined Entrance Competitive Examination, 2014. The state government relaxed the minimum qualifying marks up to 32% so that 67 reserved seats could be filled up.