SC Grants Relief To Girl Aggrieved By College's Communication Of Cancelling Her Admission In MBBS Course On Her Failure To Produce C Certificate In NCC Exam

The bench of Justices DY Chandrachud and Bela M Trivedi granted the relief while considering SLP assailing Allahabad High Court's order dated May 13, 2022 ("impugned order").

In the impugned order, the High Court had dismissed her writ wherein she had also sought for inclusion of NCC cadets having B certificate with B grade in 1% horizontal reservation provided in NEET UG Counselling 2019 brochure.

While dismissing the same, the bench of Justices Vivek Kumar Birla and Vikas Budhwar had remarked that the court cannot include any qualification by a judicial Fiat as the same is task which is to be conducted by rule making authorities.

"Analyzing the case from every point of angle, this Court finds that the petitioner had been maintaining inconsistent stand right from very inception as at one time, she claims to have applied under unreserved category and also under NCC category, which is under horizontal reservation category. Apart from the same, as already discussed, this Court cannot include any qualification by a judicial fiat, as the same is task, which is to be conducted by the rule making authorities and not by the courts of law. As already observed, mere continuance of any interim order does not create any right or benefit, particularly, in the matter of admission in the present sets of facts, wherein the issue relates to the MBBS Course, where merit is of the paramount consideration," the High Court had said.

While issuing notice in the SLP, the Top Court in their order said,

"Pending further orders, no adverse steps shall be taken against the petitioner on the basis of the impugned judgment of the High Court dated 13 May 2022 dismissing the writ petition under Article 226 of the Constitution."

Appearing for the petitioner, Senior Advocate VK Shukla had submitted that on 26 June 2019, the petitioner had expressly stated in her communication to the authorities that she held an NCC 'B' certificate (which did not make her eligible to secure a reserved seat) and hence requested that her enrollment in the NCC quota may be removed.

Referring to an Annexure which indicated that the petitioner was shown as an unreserved candidate without any sub category, he urged for not displacing her from pursuing her course as she had completed 3 years of her MBBS course.

Case Title: Jigyasa Tiwari v State of UP| SLP(C) 9997 of 2022