The Government of Uttar Pradesh and its authorities have been asked not to take any "adverse" steps against an MBSS student for allegedly taking advantage of the NCC quota in getting admission. This is what the Supreme Court stated on Saturday, June 5.
In an interim order, a vacation bench of justices D Y Chandrachud and Bela M Trivedi, granted relief to the student who has completed three years of the MSSC course at Motilal Nehru College in Prayagraj, as stated in a copy by PTI.
"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, quoted a copy in PTI.
It was against a May 13 order of the Allahabad High Court that the MBBS student had moved the Supreme Court. The student was 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 refused to accept the plea that 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.
It was said by the high court that it will not be able to include any qualification by a "judicial fiat" as it is the task of the authorities who make the rules.
The apex court took note of the appeal made by the student against the order of the high court, granted interim relief and fixed the date of July 15 as the next date of hearing after notices were issued to 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".