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HC denies relaxation of NRI MBBS eligibility criteria

Granting some relief to the general category medical aspirants of Punjab, the Punjab and Haryana High Court, on Monday scrapped the petition seeking relaxation of NRI MBBS eligibility criteria for Non Resident Indian MBBS aspirants in the medical colleges of the state.

Justice K Kanan, uphold the Punjab Government’s March 7 notification and the eligibility criteria issued in the prospectus of Baba Farid University of Health Sciences (BFUHS). In the process, the Justice dismissed the petition from Akanksha Sharma that sought relaxation of the eligibility criteria from 50 per cent to 45 per cent in the qualifying All India Pre Medical Test (AIPMT), 2014.

Following the judgment, approximately 94 unfilled NRI MBBS seats will now be automatically converted to the general category.

“It would be imper missible to a candidate who had taken the examination to then challenge the minimum criterion… Challenge to the notification cannot sustain”, remarked the Justice while dictating the judgment in the court.

The Justice rejected the petitioner’s submission of exempting NRI candidates from any entrance examination and said that entrance examination is a mandatory test for standardizing the merits of candidates who come from different school boards.

Earlier, the petitioner submitted that students studying abroad had different standards of education and it would be improper to test them on the level of the standard in India.

Gurminder Singh, Senior Advocate, appearing on behalf of the Medical Council of India (MCI) confirmed the MCI’s stand on the matter and said that there is no scope of deviation from the set provisions of its regulations. Even though the subject of technical education comes under concurrent list, the state government must comply with the MCI’s guidelines for admissions.

The court also rejected the petitioner’s submission to reduce the minimum eligibility criteria for nine seats of candidates belonging to terrorist affected families.

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