THE MAHARASHTRA MEDICAL AND DENTAL
COLLEGES ADMISSIONS (REGULATION AND
ABOLITION OF -
ALL INDIA QUOTA) ACT, 2003.
CONTENTS
PREAMBLE.
SEcTIoNs. . 1. Short title, extent and commencement.
2. Definitions.
3. Abolition of Ali India quota.
4. Effect of Abolition.
5. Removal of doubt or difficulty.
i
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2003 Mali. XV]
MAIIAIL&SHTRA ACT No. XV OF 2003'
[T,m MAI{ARASHTRA MEDIcM. Afl D'rA1. CoLLEGEs
ADMISSIONS (RECUIAtON AND ABOLITION 0F ALL
INIMA QuorA) Aa, 2003]
(This Act received the assent of the Governor on the 11th April 2003;
assent was first published in the Maharashtra Government Gazette,
Part IV, on the 12th April 2003).
An Act to provide for regulation of admissions to Government
and Municipal Medical and Dental Colleges in the State of Maharaslitra . for undergraduate and post-graduate medical and dental education
and for mattem connected therewith and incidental thereta
WHEREAS the Government of Ñaharashtra has been contributing
15 per cent. seats of MB.WS. and B.DS. Courses (around 315 seats
annually) and 25 per cent. of the post.graduate seats (around 256
seats annually), from the total intake of Government and Municipal,
Medical and Dental Colleges to "All India quota";
AND WHEREAS it has been revealed from the statistical data
obtained from the records available with the Government of India,
that as against the 315 seats made available for All India quota for
medical course, average of about 3 candidates belonging to the State
of Maharashtra have been selected annually against these seats in
the last several years;
AND WHEREAS the statistical data has also revealed that, a very
large number of students from the States of Rajasthan, Uttar . Pradesh, Bihar, Haryana and Punjab, which are neither disturbed
areas nor lacking in medical education facilities, have been selected
for the seats earmarked for "All India quota";
A1'D WHEREAS although, these States have better Medical
Education facilities compared to the States like Arunachal Pradesh,
Daman and Diu, Dadra and Nagar Haveli, Lakshadweep, Mizoram,
Nagaland, etc., which do not have adequate medical education
facilities, the statistical data as aforesaid has also revealed that, under
the existing system, the benefits to these needy States are quite
negligible, thereby the main objective of the "All India quota" system
stands practically defeated; and in effect, it has led to depriving the
students who are the permanent residents of the State of Maharashtra
and tax payers, from benefitting from its own State's resources;
EJ'or Statement of Objects and Reasons, see Ma/jaras/Ura Gouernnzen.t Gazette,
dated the 7th April 2003, Exla-aordinaiy, Part V-A, p.p. 162-163.
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11906 Maharashira Medical and DentaLCouegesAdmissions [2003: Mah.XV
(Regulation and Abolition of all India Quota) Act, 2003
AND WHEREAS the Government of Maharashtra is spending a
very large amount of its own resources, to the tune of rupees 2.5
lakh per year .on the education of each medical student;
AND WHEREAS the amount spent by the Government of
Maharashtra for the education of the students from "All India quota"
is almost to the tune of rupees 7.88 crore for the first year of M.B.B.S.
and B.D.S. and for the entire course of the five years duration, to
the tune of Rs. 39.4 crore; and the majority of these students, after
completion of their education, return to their Parent States resulting
in the State of Maharashtra not being able to avail of its rightful
benefits of the services of the doctors trained by the State
Government, at the cost of its resident tax payers;
AND WhEREAS in the recent Judgement in T.M..A. Pai Foundation
versus State of Karnataka, delivered by the Constitutional Bench of
eleven Judges of the Hon'ble Supreme Court, while setting aside the
scheme framed pursuant to the decision in Unnikrìshnan's case, it
has been laid down by the Hon'ble Supreme Court, inter alia, that
certain percentage of seats be reserved for admission by the
management of the private colleges while the rest be filled on the
basis of counselling by the State Agency and that the percentage
in that behalf, be fixed by the State according to the local need;
and as a result, a large number of seats which would almost be
the same as were being made available in the past to "All India
quota" would still be made available b the State of Maharashtra
to the students on "All India Basis", in private medical colleges in
the State;
AND WHEREAS having regard to the factual position stated above,
the Government of Maharashtra, in the interest of the student
community of the State of Maharashtra, the permanent residents,
and tax payers of the State and in the larger interest of the State,
and also having regard to the fact that the existing system of "All
India quota " has, by and large, not resulted in achieving the purpose
for which it was intr'duced, and that instead of mutuality and
reciprocity, the scheme is causing reverse discrimination, resulting
in heavy imbalance and prejudicially affecting the thterest of the
State, considers it expedient to withdraw the M.B.B.S., B.D.S., under-
graduate and post-graduate seats from the "All India Scheme (quota)"
and provide these seats to the local students of the state; and to
the students from the disturbed areas or States and needy States
lacking in medical and dental education facilities;
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2003: Mah. XV] Maizarashtra Medical an.d Dental Colleges Admissions 11907
(Regulation and Abolition of all India Quota) Act, 2003
AI'D WEEREAS it is expedient to provide for these matters by
an Act of the State Legislature; it is hereby enacted in the Fifty-
fourth Year of the Republic of India as follows :-
1. (1) This Act maybe called the Maharashtra Medical and Dental Short title.
Colleges Admissions (Regulation and Abolition of All India
quota) Act, 2003. ment.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such *dath as the State Government
may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,- Definitions.
(1) "All India Seats" or "All India quota "means 15 per cent.
seats of M.B.B.S. and B.D.S. Degree courses and 25 per cent.
seats of post-graduate degrees, in Medical and Dental courses,
of the total number of seats available in Government and
Municipal Medical and Dental Colleges in the State of
Maharashtra, made available by the Government for the
students, on all India basis, as per the All India Medical
Admission Scheme laid down by the Government of India, for
admission to medical colleges in India
(2) "appointed date" means the date appointed under sub-
section (3) of section 1
(3) "Competent Authority" means the Director, Medical
Education and Research, Maharashtra State, at Mumnbai, or
such other officer designated as such by the State Government;
(4) "Director" means the Director, Medical Education and
Research, Maharashtra State, Mumbai;
(5) "Government" means the Government of Maharashtra;
(6) "medical admission" means admission to the M.B.B.S.
Degree course and the B.D.S. Degree course and shall include
admission to the post-graduate degree courses in medical and
dental disciplines
(7) "medical colleges" means the Government Medical and
Dental Colleges run by the State Government and shall include
the medical and dental colleges run by the local authorities in
the State;
(8) "medical seats" means the seats available for medical
admissions in medical colleges;
(9) "local students" means students who are ordinarily
residing for a continuous period of not less than 15 years within
the territorial jurisdiction of the State of Maharashtra;
(10) "State" means the State of Maharashtra.
* 12th April2003 vide G.N., Mediad Eduction and Drugs Department., No. MEl).
1033/C.R.-98/2003fEdu-1, dated the 12th April 2003.
H 4238-59
-'s
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11908 Maharashtra Medical and Dental Colleges Admissions [2003 Mah. XV
(Regulation andAbolition of all India Quota)Act, 2003
Abolition 3. Notwithstanding anything contained in any judgement, order
All India or direction of any Court, or any law, rule, regulation, bye-law,
quo a.
scheme, document or instrument to the contrary, on and from the
appointed date, "All India quota" shall, in relation to the medical
admissions in the State, stand abolished:
Provided that, out of the total number of medical seats in the
State, certain seats as specified below, shall be reserved for the
eligible students from the disturbed areas or States declared as such
by the Government of India and from the States where no medical
or dental education facilities are available, namely
40 seats for M.B.B.S. Degree Course;
5 seats for B.D.S. Degree Course;
18 seats for Post-Graduate Degree Courses in Medical Disciplines;
and
2 seats for Post-Graduate Degree Courses in Dental Discipline:
Provided further that, nothing in this section, shall affect the
existing reservation policy and the reservation policy declared by
Government for medical admissions, from time to time.
Effect of 4, For the removal of doubt, it is hereby declared that,.-
Abolilion.
(a) from the appointed date, there shall be no "All India quota"
medical seats reserved on All India basis in the State for medical
admissions and the State Government hereby withdraws from the
scheme laid down by the Government of India providing for medical
admissions on all India basis, from " All India quota";
(b) the "All India quota" under the Government of India Scheme
having been abolished as provided in section 3, the medical seats
having become so available shall be filled in, alongwith the other
medical seats, following the same procedure and shall be subject
to the same terms and conditions, as laid down by the Competent
Authority in this behalf, from time to time.
Removal of 5. (1) If any difficulty arises in giving effect to the provisions
difil
or of this Act, the State Government may, by general or special order,
Cli tY. make provision or give such direction not inconsistent with the
provisions of this Act, as may appear to it to be necessary or
expedient for the purpose of removing the difficulty:
Provided that, no such order shall be made after the expiry of
the period of two years from the appointed date.
(2) Every order made under this section shall be laid, as soon
as may be after it is made, before each House of the State
Legislature.
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