HC flays Army Medical College for reserving 100% seats
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Last Updated: Wednesday, June 01, 2011, 22:54
New Delhi: The Delhi High Court on Wednesday came down heavily on an Army Medical college for not complying with the judicial orders by going ahead with reserving 100 per cent seats for the wards of defence personnel.

The court also sought the assistance of the Attorney General to examine the feasibility of take over of the Army Medial College run by Guru Govind Singh Indraprashtha University (GGSIPU).

"We request the Attorney General to assist the court on the issue," a bench comprising Chief Justice Dipak Misra and Justice Sanjeev Khanna said while pulling up the college for running it according to their "whims and fancies".

"On perusal of the affidavit filed by the college, it appears that they have all the powers on the earth to close the college at their whims and fancies and no authority can compel them to run the college," the bench said.

"Just because the land has been alloted (to them) by the Defece Ministry, they think they are enjoying immunity and are not amenable to writ jurisdiction," it added.

The court during the last hearing had expressed its displeasure over the Army Medical College's decision against holding entrance test for current academic session allegedly to evade an apex court order.

The bench's remarks had come on a plea by a student alleging that in a recent order the Supreme Court has directed the college not to reserve 100 percent for the wards of the army personnel but to reserve only 5 percent of the total number of seats for them, while keeping open the rest 95 percent for civilians.

"The conduct of the college is not only violative of university regulations but also clearly against the Supreme Court order," the bench had said in previous hearing asking the university to explore if the college could be taken over by it.

The court had also impleaded the Medical Council of India (MCI), and sought details of procedure for affiliation of the college to it.

Appearing for the student, counsel Aman Hingorani had told the court that despite the apex court's order, the college has issued an advertisement saying the management has decided not to take any admission in the MBBS class for the current year on the ground of financial difficulty.

The college, run by the Army Welfare Society, used to give admission 100 percent reservation to the children of its personnel but the apex court had recently declared it as violative of the basic principles of democratic governance and said only 5 percent could be reserved for them.

The university counsel, however, submitted that the University has issued a notification to the college for withdrawal of its advertisement as it superseded the apex court order.

In addition to providing court masters' reports, the CIC also directed the High Court to locate a cumulative report, if any, about the cases where decisions have been reserved and provide it to the applicant.

"If a cumulative list of such pending reserved orders in the High Court is being compiled anywhere in the High Court including the office of the Chief Justice, it would also suffice to provide a copy of that to the appellant," Mishra directed.

The Chief Information Commissioner said that disclosure of list of cases where decision has been reserved by judges of the High Court would serve the larger public interest "as the litigating public would come to know about the time being taken by the High Court in finally disposing of the cases."

"It is well-known that the pendency of cases before the courts is one of the major concerns among the people," he said.


First Published: Wednesday, June 01, 2011, 22:54

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