Methodology of selection by prescribing the roster points is discriminatory, arbitrary and unreasonable.

Must Read

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions,...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by...

Punjab Woman Evokes Petition for Protection Fearing Honour Killing

In the case of Divya Mattu and another vs State of Punjab and others, the petitioner, Divya, fearing honour...

Punjab Woman Accuses Punjab Police of Keeping Husband in Illegal Custody and Framing Him in a False Case

In the case of Geeta v the State of Punjab, the petitioner evoked a writ petition of habeas corpus...

Addition of Words as Prefixes or Suffixes Is an Infringement of a Registered Trademark: Delhi High Court

Justice Jayanth Nath allowed the Times Group to use its registered trademark “Newshour”, in the case of Bennett Coleman and...

Follow us

Merit is to been the bases of selection and the same was held in the much talked about case Dr. Vivek Kumar Garg v. State of H.P. decided on 18th June, 2015 of this year. In the present case, the petitioners participated in the selection process for admission to MD/MS/MDS courses for 2015-18 academic session, according to the prospectus issued by the Department of Medical Education and Research. As per, para 3.1., 66.6% of the State quota seats are to be filled up by in-service candidates. The in-service group comprises of two further sub-groups. By notice of the Himachal Pradesh Government, the first two seats would go to Regular and 3rd to Contractual and thereafter 4th to Regular (Medical Officers).  This distribution of seats via sub-groups and the notice regarding 4 point roster was challenged as unconstitutional, and the same was held to be arbitrary and unreasonable by the division bench of Rajiv Sharma and Sureshwar Thakur, JJ.

The court held that classification between in-service and non-service candidates was based on an intelligible differentia but further division of in-service candidates on basis of source of recruitment was not with the goal to grant admission to meritorious candidates, which is the primary goal of any classification in selection process for admission to postgraduate courses. The roster points method promoted mediocracy and not merit. The Court quashed the admissions through the first, second and third counselling and directed re-doing.

 

 

Latest News

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

Punjab Woman Evokes Petition for Protection Fearing Honour Killing

In the case of Divya Mattu and another vs State of Punjab and others, the petitioner, Divya, fearing honour killing against her by her...

Punjab Woman Accuses Punjab Police of Keeping Husband in Illegal Custody and Framing Him in a False Case

In the case of Geeta v the State of Punjab, the petitioner evoked a writ petition of habeas corpus as she claimed that her...

Addition of Words as Prefixes or Suffixes Is an Infringement of a Registered Trademark: Delhi High Court

Justice Jayanth Nath allowed the Times Group to use its registered trademark “Newshour”, in the case of Bennett Coleman and Co. Ltd v. ARG Outlier...

Just Because the Deceased Did Not Have License, Does Not Imply He Was Negligent: Chhattisgarh High Court

In the case of Hemlal & Others v. Dayaram & Others, a Single Bench of Chhattisgarh High Court consisting of Justice Sanjay S. Agrawal annunciated various...

Hoardings Are Movable Property Under Section 2(3) of DMC Act Subject To the Twin Test: Delhi High Court

Delhi High Court in the case of Delhi International Airport v South Delhi Metropolitan Corporation discussed in detail the provision under Section 2(3) of the DMC...

State Cannot Issue Directions on Rate of Charge of Non-COVID Patients in Private Hospitals: Bombay High Court

On 23rd October 2020, the Nagpur Bench of Bombay High court at Nagpur, consisting of Justice R.K. Deshpande and Justice Pushpa V. Ganediwala gave...

UAPA Cannot Be Used When the Accused Does Not Have an Active Knowledge of the Offence: Delhi High Court

Justice Suresh Kumar Kait held that the Unlawful Activities Prevention Act cannot be charged on the accused when he does not have any knowledge...

More Articles Like This

- Advertisement -