Constitution of India, Article 14 – NEET UG-2023 Information Brochure, Clause 4.8 – Education – Admission – MBBS course – Classification – Appellant applied for admission in Other Backward Class/Non-Creamy Layer (OBC/NCL)category as being domicile of the State of Maharashtra – Appellant and his parents are domicile of the State of Maharashtra – The appellant’s father is serving in the Border Security Force(BSF) – Owing to deployment of his father outside the State of Maharashtra, the appellant passed his SSC and HSC exams from an institution outside the State of Maharashtra -Clause 4.8 of the Information Brochure provides an exception/relaxation for claiming seat in the Maharashtra State quota to Children of employees of Government of India or its Undertaking who have passed SSC and/or HSC or equivalent examination from the recognized institutions situated outside the State of Maharashtra – However, this clause imposes a rider that such employee of Government of India or its Undertaking being the parent of the candidate seeking admission in the course under the State quota “must have been transferred from outside the State of Maharashtra at a place of work, located in the State of Maharashtra and also must have reported for duty and must be working as on the last date of document verification at a place located in the State of Maharashtra” – The appellant’s father was deployed outside the State of Maharashtra in connection with service of the nation and thus, proviso to Clause4.8 was relied upon by the respondents while cancelling the admission granted to the appellant –Held that this condition as imposed by the guidelines, creates a stipulation which would be impossible for the candidate or his parent to fulfil – Place of posting is not within the control of the employee or the candidate – Thus, the distinction drawn by the clause between two categories of employees in the Government of India services(i) those posted in Maharashtra and (ii) those posted outside Maharashtra has no nexus with the intent and purpose of the guidelines/rules and hence the same deserves to be read down to such extent –Held that no hesitation in providing that the candidate(s) who are born in Maharashtra and whose parents are also domicile of the State of Maharashtra and are employees of the Government of India or its Undertaking, such candidate(s)would be entitled to a seat under the Maharashtra State quota irrespective of the place of posting of the parent(s) because the place of deployment would not be under the control of the candidate or his parents – Letter/communication dated 9th August, 2023 issued by respondent No. 6 cancelling the admission granted to the appellant against the Maharashtra State quota in CAP1 without giving opportunity to show cause is also illegal and arbitrary and deserves to be quashed and set aside- Appellant illegally deprived from his rightful admission in the first year of the MBBS course owing to the insensitive, unjust, illegal and arbitrary approach of the respondents and so also on account of the delay occasioned in the judicial process –Considering the fact that the order cancelling the admission of the appellant herein was issued on 9th August, 2023 and the writ petition came to be filed before the High Court promptly i.e. on 10th August,2023, without any delay whatsoever, the appellant is entitled to restoration of his seat in the first year of MBBS(UG) course in the same college in the next session, i.e., NEET UG-2024. (Para 21, 22 and 28)
SUPREME COURT OF INDIA
2024 STPL(Web) 187 SC
[2024 INSC 235]
Vansh S/O Prakash Dolas Vs. Ministry Of Education & The Ministry Of Health & Family Welfare & Ors
Civil Appeal No(S). 4427-4428 of 2024 (Arising out of SLP (C) No(s). 26179-26180 of 2023)-Decided on 20-03-2024
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