Justice Jayant Nath said that GGSIPU is following the ruling of the Supreme Court in a number of cases that have approved 'institutional reservation' for up to 50% of post-graduate seats.

The Delhi High Court dismissed a petition challenging the decision of Guru Gobind Singh Indraprastha University (GGSIPU) to reserve a 50 per cent national quota of PG medical seats for MBBS graduates from its own colleges.

Justice Jayant Nath said that GGSIPU is following the ruling of the Supreme Court in a number of cases that have approved 'institutional reservation' for up to 50% of post-graduate seats.

"This is clearly admissible in the light of the legal position stated. The pleas of the petitioners are clearly unfounded. There is no merit in the present petition and the same is therefore rejected," the Court said in its 32-page judgment.

In the petition, various MBBS graduates and students from Jamia Hamdard University challenged the policy of GGSIPU to allocate the full 50 per cent state quota of post-graduate medical college seats to MBBS graduates from colleges affiliated only to themselves through 'Institutional Preference.'

The plea sought a direction to the university to amend its admissions guidelines /brochure for the academic year 2020-21 without reserving entire 50 per cent state quota only for graduates of colleges affiliated to itself by way of 'Institutional Preference', as was done in previous academic years and to allow Hamdard Institute of Medical Sciences and Research (HIMSR) MBBS graduates in the state-wise merit list.

The plea, by means of Samar Bansal, stated that admission to PG medical courses in India is made from two sources, that 50 per cent of the seats are filled on the basis of the marks obtained in NEET in which medical graduates from all over the country are eligible to appear and that 50 per cent are filled on the basis of the rules to be laid down in accordance with the law by the State Government appointed by the authorities.

The petition referred to the 'State quota' and raised the question as to whether 'Institutional preference,' i.e. the right of an institution offering postgraduate courses to reserve such seats for undergraduate students from affiliated colleges, may be exercised while deciding how to allocate 50% of the state quota seats.

Another plea raised by the petitioners was that no specific decision was taken by the Delhi Government on the allocation of the state quota.

They were urged that the same should be illegal in the absence of a clear statutory provision or administrative direction allowing GGSIPU to allocate the entire state quota to its own university students.

Delhi Government Standing Counsel Ramesh Singh argued that the government has the power to regulate in accordance with the Constitution.

He said, however, that this is only an enabling provision and that the government is pursuing a 'hands off policy.'

"In my opinion, the Government of NCT Delhi supports the action taken by GGSIPU. No fault can be found simply because some formal communication has not been issued by the Government of NCT Delhi," said Justice Nath.

Advocate T Singhdev, representing the Indian Medical Council, stated, in accordance with the judgment of the Supreme Court, that it is for the competent authority or State to declare the policy and that, in the present circumstances, the authority is GGSIPU.