MP High Court Nixes Medical Aspirant's Plea For MBBS Seat Under Govt School Quota, As He Did Not Move Court In Time

The Madhya Pradesh High Court (Indore bench) recently dismissed plea moved by a medical aspirant seeking allotment of a seat in the MBBS course under the 5% Government School quota in the current academic session claiming that his NEET-UG 2023 score entitled him to a seat in the upcoming academic session.

A division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi while dismissing the plea noted that the petitioner candidate participated in the NEET (UG) Examination 2023 and secured 359 marks out of 720 in the OBC category; he however did not approach the high court or the Supreme Court to claim admission in the UR-GS (Unreserved Category Government School) seats against the Government School quota.

Petitioner did not approach court earlier, cant displace the seven candidates who approached in time

The high court said that only seven candidates filed a plea before the court and after they were denied interim relief approached the apex court in a Special Leave Petition. In an interim order passed on August 12, the Supreme Court  directed that seven seats be kept vacant in the event that the appellants (seven candidates) succeed in the SLP. Thereafter on August 20, the apex court allowed the SLP (Ramnaresh @ Rinku Kushwah & Others vs. State of M.P. & Others 2024) directing that the seven candidates be admitted in the "next academic session 2024-25 for the MBBS Course against the seats reserved for UR-GS category". 

The petitioner claimed that he had secured higher marks than these seven candidates and so is entitled for admission in the next academic 2024-25 in MBBS Course.

 The high court however held, “The petitioner did not approach this Court in the year 2023. Thereafter, the NEET Examination for academic session 2024-25 has been completed. Those 07 candidates approached this Court well within time and thereafter, approached the Apex Court during the academic session 2023-24 and for them the interim protection was granted by keeping seven seats vacant in next academic session 2024-25. Now, if direction is issued to admit the petitioner in the next academic session along with those 07 candidates then one out of 07 will not get seat.”

The court further said that the seven seats in question had already been secured by candidates who approached the courts promptly and had received interim protection from the Supreme Court by keeping seven seats vacant in next academic session 2024-25. If a direction is issued to admit the petitioner in the next academic session then one out of the seven will not get seat, the court noted. 

The court thereafter said, “In the absence of any such direction or interim relief in favour of the present petitioner, the claim of the petitioner cannot be considered at this late stage. No direction can be issued to the respondents to consider the claim of the petitioner in parity with those 07 candidates for whom seven seats were directed to be kept vacant by the Apex Court by way of interim order". 

Background

The order was passed in a plea moved by one Dhara Singh, belonging to the OBC Non-Creamy Layer category who had completed his schooling at a government school. He had appeared for the NEET-UG 2023 exam, scoring 359 out of 720 marks. He could not secure admission under the OBC category or the Government School quota for that academic year. He claimed that he was more meritorious than seven other candidates who secured admission under the same quota and sought a direction to be admitted to an MBBS course in the 2024-25 academic session.

Contentions

Singh's counsel, argued that due to “unavoidable circumstances,” he could not approach the court immediately after the admission process for NEET-UG 2023 concluded. However, after the Supreme Court's recent judgment in the case of Ramnaresh @ Rinku Kushwah & Others vs. State of M.P. & Others (2024), which granted admission to seven candidates under similar circumstances, the petitioner approached the high court seeking similar relief.

The bench however referred to the decision of the Supreme Court of S. Krishna Sradha vs. State of Andhra Pradesh & Others (2020), where it was held that courts can mould the relief direct admission to be granted in the next academic session by issuing appropriate direction, if it finds that a "meritorious" candidate had approached the court at the earliest possible time without delay.

Dismissing the plea the high court said, “the petitioner did not approach this Court at the earliest to claim admission against the UR-GS category, hence, no relief can be extended to the petitioner in this petition. Needless to say that the petitioner is entitled for benefit of the judgment in case of Ramnaresh if he has appeared in the NEET (UG) Examination 2024.”

Case title: Dhara Singh Versus The State Of Madhya Pradesh And Others

Citation: 2024 LiveLaw (MP) 202

Case No: WP-25113-2024

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