Supreme Court comes to rescue of MBBS student whose admission got cancelled for not having NCC C certificate

New Delhi: The Supreme Court recently issued a notice on the plea by a candidate who prayed for direction upon Moti Lal Nehru Medical College, Prayagraj not to cancel her MBBS admission on the ground that she does not possess NCC 'C' certificate.

The top court came to the rescue of the MBBS student by asking the Uttar Pradesh government and its authorities not to take any "adverse" steps against her for allegedly taking advantage of the NCC quota in getting the admission. Since the candidate only had NCC 'B' certificate, her admission was questioned and after three years of continuing into the MBBS course, Allahabad High Court recently dismissed her plea.

After considering the matter, the top court bench comprising of Justices D. Y. Chandrachud and Bela M. Trivedi also provided interim relief to the candidate and stated, " The petitioner who was admitted to the Motilal Nehru College, Prayagraj and has completed three years of her MBBS studies, should not be displaced from pursuing the course, at this stage. 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."

The Special Leave petition has been listed for further hearing on July 15, 2022.

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The petitioner in the concerned case had 'B' Certificate of NCC and she had applied for NEET UG 2019. After securing 548 marks out of 720 marks in the said exam, she participated in UP NEET counseling-2019.

However, assailing the HC order dated 13.05.2022, the petitioner approached the Supreme Court and the counsel for the petitioner. Mr V K Shukla pointed out 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.

The counsel further referred to Annexure P-11 and submitted that the Annexure would indicate that the petitioner was shown as an unreserved category without any sub category. He also pointed out that after getting admission in MLN Medical College, Prayagraj, the petitioner has already completed three years of her MBBS studies and therefore, she should not be displaced from pursuing the course, at this stage.

Taking note of the submissions the top court bench issued a notice in the matter and listed it for further hearing on July 15, 2022.

"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 enrolment in the NCC quota may be removed…," the apex court noted in its order.

While granting the interim relief, it said, as a matter of fact, the records indicated that the MBBS student was shown as an "unreserved candidate without any sub category".

The bench further stated,

"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."

To read the top court order, click on the link below.

https://medicaldialogues.in/pdf_upload/supreme-court-mlnmc-178058.pdf

To read the Allahabad HC order, click on the link below.

https://medicaldialogues.in/pdf_upload/allahabad-hc-mlnmc-178059.pdf

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