NEET : Supreme Court Stays Cancellation Of MBBS Admission Over SEBC Certificate, Notes That Candidate Would've Got Admission In General Merit

The Supreme Court on Friday (April 5) stayed the Gujarat High Court's decision to uphold a 'Teli' caste student's cancellation of MBBS admission in Government Medical College (GMC), Vadodara. The said cancellation was done as consequence of refusing recognize the applicability of his Social and Economically Backward Certificate (SEBC) in the state of Gujarat. The bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra, while issuing notice in the petition, directed that the petitioner's studies shall continue in the present college until the stay on the impugned judgement operates. The petitioner was represented by Senior Advocate Yatin Oza. Belonging to the 'Teli' subcaste, the Petitioner's family hails from Uttar Pradesh. The petitioner, despite his father's financial struggles as a panipuri seller, managed to score 613/ 720 marks in the NEET UG-examination 2022. Subsequently on the basis of his SEBC certificate, he obtained admission in GMC, Vadodara. Upon perusal the Scrutiny Committee cancelled the SEBC certificate on 29.8.23, on the grounds that the petitioner does not belong to the Teli caste as recognized under the Socially and Economically Backward Community (SEBI)in the State of Gujarat, rather, he belongs to a caste 'Teli', which is of Other Backward Class category in the State of Uttar Pradesh. Thereafter, his admission to the college was also cancelled by the Admission Committee by the order dated 1.9.2023. Challenge Before The Gujarat High Court A Single Judge Bench of Justice Nikhil Kariel, while finding no error in the decision of the scrutiny committee, however ruled in the favor of the petitioner on the grounds of equity. Taking a lenient view of the matter, the bench observed that irrespective of the SEBC certificate, the petitioner scored significantly high scores in the NEET exam. The bench directed the restoration of his admission seat and allowed the petitioner to appear in the Supplementary Examination to save his one academic year by cooperating with the Respondent Authorities. It may be noted that only the Admission Committee's was under challenge and the not the cancellation order by the Scrutiny Committee. In a Letters Patent Appeal, the division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee upheld the admission cancellation orders noting that the single bench has errored in evoking extraordinary jurisdiction for the petitioner since the SEBC certificate upon the basis on which the admission was sought itself was invalid. Allowing the petitioner to hold the admission seat would lead to unjust enrichment at the cost of a genuinely deserving candidate under the reserved category. "...we are in respectful disagreement with the exercise of the equitable jurisdiction conferred on this Court in favour of the Respondent herein, who has secured admission on the basis of the Caste Certificate, which the petitioner was not entitled to and which could not have been otherwise issued by the Competent Officer. The place which the Respondent herein – Original Petitioner has secured in the Medical College has also resulted in denying opportunity of securing admission to an otherwise eligible candidate belonging to SEBC Category in the State of Gujarat. The result is that an ineligible person, i.e. the Original Petitioner has secured admission in MBBS Course in the category, to which he does not belong; and this has resulted in violating the right of an eligible candidate who would have secured admission on the seat occupied by the petitioner. Any indulgence granted to the petitioner by exercising equatorial jurisdiction, as has been exercised by the learned Single Judge, would perpetuate illegality by unduly bestowing benefits on an ineligible person." Petitioner's Eligibility In Open Category In Other Colleges Not Affected - Bench Observes In its order, the Supreme Court observed that in the absence of dependency on the SEBC certificate, the petitioner would still be eligible for admission in other colleges where the cut-off is lower than GMC Vadodara. "If the petitioner's merit as a general category candidate is taken into account, that would have enabled him to secure admission in several Government Medical Colleges, in the State of Gujarat. However, under the impugned judgment dated 26.03.2024, the Division Bench has held that as the petitioner is disentitled to be considered as an SEBC category, he is disentitled for the seat in the Government Medical College, Vadodara." A similar observation was also made by the single judge who noted that in the open category, the petitioner ranked 600, and when seen with the benefit of the SEBC certificate, the rank increases to 154. "14.1. At this stage reference is also made to paragraph no. 4.2 of affidavit filed on behalf of Admission Committee whereby it has been stated that the merit ranking of the petitioner in open category was 600 and SEBC category was 154. If the candidature of the petitioner is...

NEET : Supreme Court Stays Cancellation Of MBBS Admission Over SEBC Certificate, Notes That Candidate Would've Got Admission In General Merit

Anmol Kaur Bawa

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