The Supreme Court on Wednesday permitted Banaras Hindu University (BHU) and Aligarh Muslim University (AMU) to admit upto 50 per cent doctors from their own institutions into their post graduate medical courses, after the process was stalled by the Allahabad High Court which scrapped the 50 per cent institutional quota in the State.
The Court found the HC to be at fault as the two Universities or the Centre was not made a party before the High Court proceedings though the State Government had informed that both the Universities are governed by a Central Act. The HC order of May 29 was set aside as "erroneous" as SC felt it to be a clear instance of "overstepping" of jurisdiction by HC. The Universities have time till June 12 to fill up the remaining vacant seats.
The bench of Justices Ashok Bhushan and Deepak Gupta said, "The High Court did not take into consideration the fact that the state (Uttar Pradesh) had no power to control admission to these universities….We are clearly of the view that the high court overstepped its jurisdiction and the order of the high court is erroneous and is liable to be set aside."
The Court observed that the 50 per cent institutional quota in AMU and BHU PG medical courses was reflected in their prospectus that was not under challenge before the HC.
The Court said the HC judges fell into an error as it was apparent that the state can have no control over the seats in medical colleges which are under a Central Act.
"These seats have to be filled up on the basis of merit and institutional preference could be given to the extent permissible i.e. 50 per cent, as has been held by a catena of decisions," the bench added.
The apex court also set aside the direction of the high court which denied the benefit of service rendered in remote/ difficult areas to those doctors, who have cleared MBBS examination from a college outside Uttar Pradesh.
It said the MCI Regulations took care of it and it was a clear misreading of the Regulations by the HC.