Reserve 2 MBBS, BDS Seats For PM Rashtriya Bal Puraskar Awardees: Madras HC
Madras High Court
Chennai: The Madurai Bench of Madras High Court recently recommended the Ministry of Women and Child Development to resume reserving two MBBS/BDS seats for the students who have been conferred with the Pradhan Mantri Rashtriya Bal Puraskar.
Even though the Court agreed that the State had the authority to discontinue the reservation policy, the bench of Justice RMT Teeka Raman and Justice N Senthilkumar observed that providing such a reservation would be a step forward to inculcate scientific temper among students as envisaged in the preamble of the Constitution.
"In the larger interest of our country, to make achievements in the filed of Science and Technology, such reservation providing two seats in central pool for the admission in MBBS/BDS courses, after clearing the NEET Examination, may be a forward step to make our students to go high in life. Hence, though it is a policy decision, taking into consideration the facts and circumstances of the case, “we recommend for resumption of such reservation” of two seats for the awardees of Pradhan Mantri Rashtriya Bal Puraskar will be a right step for inculcating “scientific temper” among the students as envisaged in the preamble portion of the Constitution of India," observed the bench.
The Ministry argued that the conferment of the award was itself a recognition and therefore no additional benefit may be given to the awardees beyond the award.
However, the HC bench observed, "We express our reservation as to the reasoning given by the third respondent. The child awardee for exceptional achievements needs encouragement and reservation in the medical field or any science field and it was rightly introduced two seats reservation and the said Scheme continued for sometime. Subsequently, the policy decision appears to have been changed."
These observations were made by the Court while considering an appeal filed by a medical aspirant, who challenged the Single Judge bench's order refusing to grant him relief. Approaching the Court, the petitioner had sought directions to the Ministry of Women and Child Development to nominate and recommend his name to the Ministry of Health and Family Welfare for admission to the MBBS course for the academic year 2021-2022 against the 2 vacancies allocated from the Central Pool for the awardees of the National Child Award for exceptional achievements in the field of innovation.
Approaching the HC bench, the petitioner submitted that he was conferred with the Young Scientist Award and had made both technical and academic achievements. He further submitted that he had won the Pradhan Mantri Rashtriya Bal Puraskar.
He argued that when he cleared the NEET exam in 2021, he hoped to get selected under the Central Pool. However, he was not selected and thereafter approached the Court.
On the other hand, the Assistant Solicitor General of India submitted that the scheme was discontinued and dropped from the academic year 2022-2023. It was also submitted by the Government that the Ministry of Women and Child Development had expressed its inability to identify the beneficiaries for seat allocation as a result of which, the awardees ceased to enjoy the benefit. This was informed to the Health Ministry, which accepted the surrender of seats and made appropriate allocations.
While considering the matter, the Division bench of the Court expressed disinclination to interfere with the Single Judge's order as the same was a policy decision of the Government. Therefore, the Court noted that it would not be able to grant the relief as sought since the seats were already surrendered.
However, the Court expressed its unwillingness to accept the stand of the Ministry of Women and Child Development that it did not have expertise to identify the beneficiaries.
"We are unable to accept the said stand for the simple reason that the yardstick that is fixed is crystal clear. If a candidate won the Pradhan Mantri Rashtriya Bal Puraskar, he / she is obviously eligible. The writ petitioner has won the said award in the year 2016. Since it was reported that the said Scheme has been discontinued, we called upon the learned Assistant Solicitor General of India to get instructions as to the reason for dropping such reservation of two seats for the awardees of Pradhan Mantri Rashtriya Bal Puraskar," observed the Court.
Accordingly, recommending the Ministry to resume the reservation, the HC bench disposed of the plea.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-bal-puraskar-award-276486.pdf
