HC relief for medical aspirant who was denied MBBS seat

The Bombay high court provided relief to an aspiring medical student, who was denied admission based on technical issues with her caste certificates. The court directed SSPM Medical College to admit the petitioner in the first year MBBS course by creating a supernumerary seat for her

MUMBAI: The Bombay high court on Wednesday provided relief to an aspiring medical student, who was denied admission based on technical issues with her caste certificates. The court directed SSPM Medical College to admit the petitioner in the first year MBBS course by creating a supernumerary seat for her under the institutional stray vacancy round.

HC relief for medical aspirant who was denied MBBS seat

Despite her eligibility, 19-year-old Arya Sandip Tatar was denied admission under NEET-UG 2024 because of different dates on two certificates related to caste she had submitted. Arya submitted the caste validity certificate, issued on October 19, 2022, along with the caste certificate, issued on August 08, 2024, as required. But she was denied admission because the dates of the caste certificate and the caste validity certificate did not match.

Advocate Priyal Sarda, representing the petitioner, pressed upon the principle of ‘restitutive justice’ for wrongful denial of admission and argued that the caste validity certificate was issued by a competent authority, and, therefore, conclusively establishing her caste status. On the other hand, the respondent’s counsel submitted that no seats were available since the cutoff date for granting admission was over.

A division bench, led by justice A.S. Chandurkar and justice Rajesh S. Patil, stated that the caste status of the petitioner was never in question, and that the denial was solely based on technicalities. The court noted that since the petitioner was not at fault, the principle of justice demands relief in such a situation.

The court cited Supreme Court precedents to justify creating additional seats to grant admission in exceptional circumstances. Following this, the court directed the college to admit Arya by creating a supernumerary seat, following required formalities. The court also directed Arya to pay regular fees and other fees, as payable under the institutional stray vacancy round.