The Gujarat high court has stayed the Gujarat University (GU) and certain self-financed dental colleges to go ahead with the admission process in the postgraduate programme on 50-50 management-government seat ratio as per the consensus arrived at between the state government and the consortium of self-financed dental colleges.
Students of dental colleges had questioned an agreement, labeled as amicable settlement/arrangement, between the state government and self-financed dental colleges to admit 50% students on management quota excluding 15% NRI quota and keeping the rest 50% for students getting admission on government seats. This arrangement was in modification of earlier 25%-70% ratio of management-government seats.
The students challenged the move by managements and government claiming that it was in violation of various laws and rules laid by the state government itself. The government and the colleges as well as their consortium opposed the petition. However, justice M R Shah concluded that earlier petitions challenging vires of the laws providing 25%-75% ratio were dismissed by court and the new arrangement has not even been reduced down to writing by the government. In such circumstances, no such consensus or arrangement between the government and colleges can by-pass or substitute statutory provisions and this arrangement can be termed as absolutely illegal and contrary to provisions of law.
With this observation, the HC has directed the university to stall registration/enrollment of certain students who have passed the entrance test conducted as per 50-50 management-government seat arrangement. The court has also directed that those students who have already enrolled after having passed the test, which was held in February this year, to wait till final order of the HC, as their admission is subject to the outcome of final order of this petition.
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