NDLI: Vansh S/o Prakash Dolas Vs. The Ministry of Education & The Ministry of Health & Family Welfare & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Admission to MBBS course
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Education/Educational Institutions – Medical admission – Cancellation – Appellant-domicile of Maharashtra and son of Constable in BSF, passed his SSC and HSC exams from an institution outside the State of Maharashtra – Applied for admission to an MBBS course under the Other Backward Class/Non-Creamy Layer category – Despite being issued a provisional selection letter, his admission was cancelled – Writ petition challenging the cancellation on the ground that he was entitled to the exception under clause 4.8 of the NEET UG-2023 Information Brochure pertaining to the ‘Children of employees of Government of India or its Undertaking’ – High Court dismissed the petition holding that the appellant did not satisfy the requirements of clauses 4.8 and 9.4.4 of the Brochure since he did not select specified reservation, in the category of Children of Defence personnel while submitting the online application form – Correctness: Held: As per clause 4.8.1 of Information Brochure, the children of employees of the Government of India or its Undertaking have been made eligible for admission even though they might have passed SSC and/or HSC or equivalent exam from a recognised institution situated outside the State of Maharashtra – However, while making such relaxation, a condition has been imposed that the employee of Government of India or its Undertaking being the parent of the candidate should have been transferred back to the State of Maharashtra and also have reported for duty and must be working as on the last date of the document verification at a place located in Maharashtra – This condition creates a stipulation which would be impossible for the candidate or his parent to fulfill – Place of posting is not within the control of the employee or the candidate – Candidate 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 would be entitled to a seat under the Maharashtra State quota irrespective of the place of posting of the parent because the place of deployment would not be under the control of the candidate or his parents – Impugned judgment is unsustainable in facts as well as in law – Furthermore, letter/communication cancelling the admission without giving opportunity to show cause also illegal and arbitrary – More than six months have passed by since the session started and no seat is lying vacant in any college in Maharashtra State quota as on date – Appellant has been 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 – As regards the restitutive relief, it would neither be desirable nor justifiable to grant admission to the appellant in the on-going session of the MBBS (UG) course – However, the appellant entitled to restoration of his seat in the first year of MBBS (UG) course in the same college in the next session-NEET UG-2024 – Impugned orders set aside – Respondents-college and the State 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 admission. [Paras 21-23, 26, 28, 31, 32]
Judge	Honble Mr. Justice Sandeep Mehta
Neutral Citation	2024 INSC 235
Petitioner	Vansh S/o Prakash Dolas
Respondent	The Ministry Of Education & The Ministry Of Health & Family Welfare & Ors.
SCR	[2024] 3 S.C.R. 705
Judgement Date	2024-03-20
Case Number	4427-4428

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
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