These 2 private medical colleges challenged to take a admission of ten postgraduate medical students from the state quota after they had passed a competitive test.
Earlier, both the medical colleges had moved to Supreme Court challenging the order of patna high court but the apex court dismissed the SLP directing them to file a review petition before high court.
A Supreme Court lawyer, Rajiv Dhawan, submitted that admission to PG Medical courses from the state quote in the private medical colleges, which availed the benefit of minority status under constitutional provinces, could not be forced by the state government.
Representing the respondent MG medical college aspirants, Dr Ranjeet Kumar and others, Rajendra Prasad Singh submitted that they has passed the competitive examinations conducted by the state government and on the basis of the state quote for admission to PG medical courses in the private medical colleges.
Additional advocate general Lalit Kishore and government pleader Prashant Pratap submitted that the reviw petition of the two medical colleges was not maintainable as under regulation 9 of the Medical Council of India, the private medical colleges have to take admission to PG Medical courses from the state quota. They maintained that that for maintenance of quality also the private medical colleges should admit from the state quota the students who had passed the test conducted for the PG medical courses in the state.