Monday, September 25, 2023

Supreme Court dismisses plea challenging domicile quota implemented by Daman medical college

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The Supreme Court has dismissed the plea challenging the reservation policy implemented by a medical college of Daman granting reservation to students who studied from standards 8 to 12 in Daman thereby fulfilling the domicile criteria. The plea sought that the petitioner is allowed admission to Namo Medical Education and Research Institute, Silvassa even when he did not qualify for the domicile criteria. 

A Division Bench of Justices Indira Banerjee and Hemant Gupta refused to entertain the plea stating that the matter is concerned with a policy decision and policy decisions cannot be ordinarily be interfered with. 

During the hearing Petitioner stated he has studied in Daman from Class 1 to 6 and and should therefore get the benefit of the domicile criteria. 

Advocate Ritesh Agrawal appearing for the petitioner submitted that the petitioner studied in Daman from Class 1 to 6. Another meritorious student was given the benefit of the quota and same benefit should apply to the petitioner also. 

Justice Banerjee observed that it is a policy decision where both the board exams need to be passed out from Daman, and the petitioner had only studied in Daman in primary classes. 

Also Read: Delhi HC questions need for building gazebo in Nizamuddin West park

“It is a reverse proposition you are arguing. we have heard you enough” – Justice Hemant Gupta observed

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