Noting that the petitioner student has already completed the education and the seat cannot be allotted to anyone, the top court bench of CJI BR Gavai and Justice Vijay Bishnoi observed that if protection is not granted to him, the student's medical education would go to waste.
"...in the peculiar facts and circumstances and particularly taking into consideration the fact that the precious medical education would go waste, if protection is not granted to him. We are inclined to protect the education undertaken by the petitioner," observed the Apex Court.
However, the bench clarified that the petitioner shall not claim any benefit based on him belonging to the Scheduled Tribe category.
According to case details, the petitioner was admitted to pursue the MBBS course against a seat reserved for Scheduled Tribe based on his claim that he belonged to the 'Mannervarku'. However, during the pendency of the proceedings before the Scrutiny Committee, the petitioner completed his education. In the meantime, the petitioner's claim as Scheduled Tribe came to be dismissed.
After the petitioner student approached the Apex Court for relief, the bench observed, "At this stage, the seat on which the petitioner has completed the education cannot be allotted to anyone. Learned senior counsel for the petitioner states that the petitioner has paid fees, as are payable by a candidate from open category."
Observing that precious medical education would go waste if the petitioner's MBBS degree is not granted protection, the top court bench further observed,
"Therefore, the education undertaken by the petitioner for the MBBS Degree shall stand protected. However, it is clarified that the petitioner shall not hereinafter claim any benefit on the basis of him belonging to Scheduled Tribe category."
With this observation, the Apex Court bench disposed of the Special Leave Petition.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-st-certificate-310454.pdf
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