The Supreme Court has come to the rescue of an 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. A vacation bench of justices D Y Chandrachud and Bela M Trivedi, in an interim order, granted the relief to the student, who has completed three years of the MBBS course at the Motilal Nehru College in Prayagraj.
“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,” the apex court said in its order. The MBBS student has moved the Supreme Court against a May 13 order of the Allahabad High Court, seeking that her admission to the medical course not be cancelled on the ground that she did not possess a “C” certificate in the NCC examination.
The high court had also refused to accept the plea that the students with a “B” certificate in the NCC examination be included for the admissions by providing one per cent horizontal reservation in the NEET-UG counselling. The high court had said it cannot include any qualification by a “judicial fiat” as the same is the task of the rule-making authorities.
The apex court took note of the student’s appeal against the high court order, granted the interim relief to her and fixed July 15 as the next date of hearing after issuing notices to the authorities. “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”.
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