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| Quashment of admission in M S Surgery course uuDB stays judgment of Writ Court | | |
Early Times Report
Jammu, Sept 29: In LPA filed by Dr. Shagun Mahajan and Ors against the judgment of Writ Court whereby Writ Court quashed his admission in MS Surgery, a Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Bansi Lal Bhat after hearing battery of lawyers appearing for both the sides, admitted the appeals for hearing and meanwhile directed that the impugned judgment shall remain stayed.
This approved for reporting order written by Chief Justice MM Kumar for the Division Bench which was announced today by Justice Bansi Lal Bhat, observed that the principal issue raised in this three sets of appeals revolves around the issue whether admission made to seats for NRI category in respect of post graduate courses of MS/MD suffers from any legal infirmity.
The appellant Shagun Mahajan is aggrieved by the directions issued by the Writ Court holding that sponsorship by her uncle (father's brother), who is admittedly an NRI, would not be covered para 131 of the judgment of Supreme Court rendered in the case of P.A. Inamdar and others v. State of Maharashtra and others.
It was also pointed out that the people of Indian origin, who have migrated to other countries, have a desire to bring back their children to their own country as they not only get education but also get reunited with the Indian cultural ethos by virtue of being here. They also wish the money which they would be spending elsewhere on education of their children should rather reach their own motherland. A Limited reservation of such seats, not exceeding 15%, in our opinion, may be made available to NRIs depending on the discretion of the management subject to two conditions. First, such seats should be utilized bona fide by NRIs only and for their children or wards. Secondly, within this quota, merit should not be given a complete go-by. The amount of money, in whatever form collected from such NRIs, should be utilized for benefiting students such as from economically weaker sections of the society, whom, on well-defined criteria, the educational institution may admit on subsidized payment of their fee. Division Bench further observed that the Writ Court did not accept that father's brother of the appellant was qualified to confer any benefit on his niece under the NRI quota seats. Feeling aggrieved, LPAOW No.54/2014 by the appellant-Ms. Shagun Mahajan and LPAOW Nos. 55/2014 & 56/2014 by Acharya Shri Chander College of Medical Sciences & Hospital, have been filed.
With these observations, Division Bench that all the three appeals are admitted to hearing as a number of issues have been raised, which cannot be decided at the motion stage and in the meanwhile stayed the impugned judgment passed by the Writ Court. |
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