In a recent ruling, the Supreme Court mandated the Maharashtra government and a medical institution to establish an additional slot and compensate a student with Rs 1 lakh. This compensation is for the student’s “illicit deprivation” of rightful enrollment in the MBBS program due to the authorities’ “insensitive, unjust, unlawful, and capricious conduct.”

A triumvirate bench comprising Justices B R Gavai, Rajesh Bindal, and Sandeep Mehta decreed: “We also direct respondent No.6-College and respondent No.5- State of Maharashtra to pay compensation to the tune of Rs.1 lakh (Rs. 50,000/- each) to the appellant for the deprivation of one year and harassment on the account of illegal and arbitrary cancellation of his admission”.

Justice Mehta, the author of the verdict, stipulated that the student should secure admission under the ‘OBC category domicile of Maharashtra child of person serving the government of India’ for the MBBS(UG) program starting in 2024. Additionally, an extra slot must be generated. The court clarified that this should not diminish the seats allocated to NEET UG 2024 qualifiers.

The ruling highlighted the cancellation of the student’s admission on August 9, 2023, followed by a prompt filing of a writ petition to the high court on August 10, 2023, without any delay. “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”, stated the bench, in a judgement pronounced on March 20.

Furthermore, the directive stipulates that until suitable rectifications are made in the guidelines/rules, domiciled candidates from Maharashtra, holding SSC and/or HSC qualifications from any recognized institution: – (i) Whose parent(s) are domiciled in Maharashtra and employed in the Central Government or its Undertaking, defense services, and/or paramilitary forces viz. CRPF, BSF, etc. “(ii)Such parent(s) are posted at any place in the country as on the last date of document verification, shall be entitled to a seat in the MBBS Course in the Maharashtra State quota”.

The apex court’s ruling followed appeals filed by Vansh challenging orders issued by the division bench of the Bombay High Court. The high court, after thorough consideration of facts and circumstances, dismissed the appellant’s plea on September 5, 2023, asserting that he did not meet the requirements outlined in clauses 4.8 and 9.4.4 of the information brochure. It was concluded that since the appellant did not select the specified reservation i.e., in the category of Children of Defense personnel (DEF), while submitting the online application form, he was barred from making such a claim at a belated stage, as it contradicted clause 9.4.4 of the information brochure. The high court also turned down the student’s review petition filed in October 2023.

The appellant, a Maharashtra domicile, had a father employed in the Border Security Force (BSF) as a head constable (general duty). Due to his father’s deployment outside the state, the appellant had to complete class 10 and class 12 from a school outside Maharashtra.

The appellant participated in NEET-UG, 2023, and upon demonstrating merit, received a provisional selection letter from the state common entrance cell, Maharashtra, on August 4, 2023, securing a seat in a college. After fulfilling necessary formalities and paying Rs.13,500/- as admission fees, he applied for admission under the Other Backward Class/Non-Creamy Layer (OBC/NCL) category as a Maharashtra domicile.

However, the medical college canceled his admission on August 9, 2023, without issuing a notice or granting him an opportunity to be heard. The apex court deemed the college’s action as illegal and arbitrary, warranting its annulment.

“Clearly, the appellant has been unjustly deprived of his rightful admission in the first year of the MBBS course due to the insensitive, unjust, illegal, and arbitrary conduct of the respondents and the delay in the judicial process,” remarked Justice Mehta.

The bench acknowledged a practical impediment hindering the appellant’s admission to the MBBS course in the ongoing session, which had progressed significantly since August 2023. “More than six months have elapsed since the session commenced. As per the respondents’ response, no vacancies are available in any college under the Maharashtra State quota as of date,” it observed.

In ordering the creation of a slot for the appellant, the bench contemplated the restitutionary measures feasible in the present scenario.