MBBS seats cannot go to waste: HC allows admission to aspirant

Bengaluru: Observing that MBBS seats should not go into waste, the Dharwad bench of Karnataka High Court recently saved a physically challenged student from losing her MBBS seat. 

The student having 40% vision disability had lost her seats due to some disputes over her Disability Certificate. However, providing relief to her, the HC bench comprising of Justice Krishna S Dixit issued direction to the Medical Counselling Committee (MCC) for enrolling the student for MBBS course at Belgaum Institute of Medical Sciences, for the academic years 2021-2022.

Such a decision was taken by the HC as it noted that there was a vacant seat, which would be wasted otherwise. "Justice of the case warrants, the poor petitioner being accommodated in the vacancy so that she would emerge as a good doctor to serve the society at large, in due course," observed the court.

Back in March, the concerned MBBS aspirant, Tazeen Inamdar had been enrolled for MBBS at BIMS after completing the admission formalities on March 24 under the Persons with Disabilities (PwD) quota in the mop-up counselling. Although she started attending her classes from March 28, her admission was later cancelled due to some dispute in the disability certificate.

Also Read: PwD candidate loses MBBS seat as GMCH 32 Chandigarh issues 2 Medical Certificates, probe ordered

As per the latest media report by The Hindu, the nodal officer of the Institute informed her about the problem and also turned down her request for more time. She had asked for time until March 31, an extended date for admission for producing a fresh disability certificate from the Goa Medical College and Hospital.

However, the candidate went to Goa and emailed the disability certificate and also sent it via WhatsApp to the Nodal Officer. Despite her best efforts, the mail was sent a few seconds past 5 p.m., the cut-off time. Therefore, her admission got cancelled and her seat got allocated to a girl from Uttar Pradesh, under the same quota.

Therefore, the student approached the HC bench challenging the provisional seat allotment letter (dated April 5, 2022) issued to the other girl and sought relief. While considering her plea, the HC noted that the other candidate, Ms. Sehaj had later vacated her seat in the institute as she joined another medical college.

Taking note of the vacant seat, the HC bench also opined that the petitioner student had been attending classes from the first day and there was not reason for denying the seat on the grounds of attendance as well.

Therefore, providing relief to the candidate, the HC bench was quoted saying by TOI, "At times, life plays trick with persons and they become victims of circumstances, as has happened with the petitioner -a brilliant girl belonging to the minority community. No prejudice would be caused to anyone if she is allotted the seat in question since the third respondent (Sehaj Ghuman) has already procured admission elsewhere. Otherwise, the vacant seat would go waste...Justice warrants the poor petitioner to be accommodated in the vacancy so that she would emerge as a good doctor to serve society at large."

Also Read: Supreme Court upholds Kerala HC order, denies relief to MBBS aspirant