Representational Pic
Nagpur: The Nagpur Bench of Bombay High Court comprising Justice B P Dharmadhikari and Justice Rohit Deo has issued notices to Union Government through Director General of Ministry of Health and Family Welfare, New Delhi and Director of Employees State Insurance Corporation Mumbai and Delhi and directed them to permit the petitioners Samiksha Dhole and Rasika Pohare to participate in “All India Medical Admission Process” in ESIC quota and also directed the respondent authorities to “withhold two seats in MBBS course” till pendency of the petition.
The petitioners have challenged the ongoing “admission notice/process” for MBBS admissions at All India Level for 337 reserved seats of ESIC management quota in nine ESIC Hospitals/Colleges in India due to the injustice meted out to them by ESIC.
The petitioners have challenged the “classification of insured employees” in Group I, Group II, Group III category on the basis of 5/4/3 year experience of employees as on 01-01-2017 in Admission Process/ Notice issued by ESIC on 28-06-2017. The petitioners were denied the “insured persons certificate” by ESIC on the ground that they do not possess requisite experience of five years in last preceding five years as on 01-01-2017.
According to the petitioner, her father has “continuous insurable service of more than five years” having contributed ESIC contribution (from 01-10-1997 to 30-09-2015) but was out of the coverage of the scheme due to increase in ceiling of salary from October 2015 to December 2016. The amendment in Rule 50 of ESIC Central Rules 1950 dated 22-12-2016 has brought back the petitioner in to scheme.
It is the contention of the petitioner that the grouping introduced by ESIC in categorization and classification of employees as Group I, Group II, Group III on the basis of their past service of 5/4/3 years is discriminatory, arbitrary, bad in law and violative of article 14 of the Constitution of India and also does not have any nexus with the object. Even the meritorious student top on the NEET rank would be prevented from getting admission if any other student inferior in rank is ahead in Group I on the basis of service.
The petitioner’s application for grant of “ward of insured person” certificate was arbitrarily rejected by ESIC Mumbai without giving any reason on 13-07-2017. The petitioners stated that even as per the definition of “insured person” in clause 8 of Admission Notice dated 28-06-2017 the period of 5/4/3 years experience would be counted w.e.f. “date of entry” in to the ESIC scheme. But the respondents have failed to act in accordance with their own definition.
The High Court has, after hearing the parties, has directed ESIC to file detailed affidavit with respect to the challenges raised in the petition on or before 08-08-2017 and has also directed not to fill two seats for MBBS course in ESIC management quota till further orders.
Adv. Tushar Mandlekar with Adv. Rohan Malviya argued for the petitioners. Adv. Ulhas Aurangabadkar, Assistant Solicitor General of India with Adv. Mugdha Chandurkar appeared for Union of India. Adv. (Mrs) B.P. Maldhure argued for ESIC.
