Published on June 6, 2022 at 19:41 IST
The Division Bench of Justice DY Chandrachud and Justice Bela M Trivedi dismissed the order passed by Allahabad High Court under Article 226 of the Constitution.
The impugned order of High Court dismissed the plea made by a third year MBBS student for including NCC Cadet B certificate in the brochure of 2019 NEET UG Counseling under the category of 1% horizontal reservation.
NCC Cadet B certificate shows that cadet has got B grade in NCC training.
The Division Bench of High Court held that the task of inclusion in qualification is done by rule making authorities and not by judicial Fiat.
The High Court held “Mere continuance of any interim order does not create any right or benefit, particularly, in the matter of admission in the present sets of facts, wherein the issue relates to the MBBS Course, where merit is of the paramount consideration.”
The Petitioner aggrieved by this judgment of High Court filed a Special Leave Petition (SLP) in Supreme Court sought not to cancel her admission in MBBS because she didn’t possess NCC C Certificate.
“Pending further orders, no adverse steps shall be taken against the petitioner on the basis of the impugned judgment of the High Court dated 13 May 2022 dismissing the writ petition under Article 226 of the Constitution” said by Bench of Supreme Court.
The Petitioner had already completed third year. The Counsel representing Petitioner contented that in communication to the authorities she expressly said that she has NCC ‘B’ certificate so reservation in NCC quota should be removed from her admission application.
The Counsel prayed by showing, that she was put in unreserved category, that she should not be removed from the MBBS course.