Srinagar- While “firmly” upholding the principle that meritorious candidates cannot be arbitrarily deprived of their rightful admission, the High Court of J&K and Ladakh has cancelled admission to MBBS course of a candidate on the basis of “fraudulently” procured Economically Weaker Sections (EWS) certificate.
“…this Court firmly upholds the principle that meritorious candidates cannot be arbitrarily deprived of their rightful admission, particularly in professional courses, such as MBBS, where each academic year is of paramount importance,” said a bench of Justice Wasim Sadiq Nargal, adding, “The denial of admission due to an illegal or arbitrary administrative action constitutes a violation of Article 14 of the Constitution, as it unfairly discriminates against deserving candidates.”
While monetary compensation may serve as an additional remedy, the court said, it cannot be a substitute for actual admission, especially in cases where the candidate has approached the Court in a timely manner and the denial of admission has been established to be unjust.
“Compensation may alleviate some of the hardship suffered by the candidate, but it does not restore their fundamental right to education or rectify the academic loss caused by the wrongful denial of admission,” the court said while deciding a plea filed by one Ansh Mahajan who had contended that the particular candidate, Mohd Umar Farooq, registered himself under the Resident of Backward Area (RBA) category with the JKBOPEE NEET UG-2023 Counseling in the previous academic year 2023 and his name was reflected in the Provisional Merit List (PML) of NEET-UG-2023 of the candidates issued by BOPEE. However Anash stated in the plea that candidate secured his admission to MBBS under EWS category by submitting a false EWS certificate.
He also submitted that in Jammu and Kashmir, the MBBS cut-off for EWS Male candidates was 404 marks. However, despite scoring the same (404) cut-off marks, he has not been selected for the MBBS course but another candidate named Basit Ahmad Bhat, scoring the same respective marks, i.e., 404, has been selected for the MBBS course, as per the tie-breaking policy of NEET-UG-2024.
“…this Court holds that the cancellation order passed by the Tehsildar dated 31.10.2024 assigning cogent reasons……………..and the admission procured by Mohd Umar Farooq ……on the basis of EWS certificate obtained by fraud, concealment and misrepresentation and also by way of filing a wrong affidavit, is hereby cancelled,” the court said. As a necessary corollary, the court said, the seat which will fall vacant has to be offered expeditiously by JKBOPEE to the next candidate falling in the order of merit after verifying from the record and determining the eligibility, suitability and willingness of the candidate.
“In the event the next candidate falling in the order of merit as per the list prepared by BOPEE, is unwilling to accept the offered seat within a period of one week from the date of such offer, the said seat shall be offered to the next candidate in the order of merit,” the court said, adding, “As per the admitted position of the parties, the next eligible candidate in the merit list is Mr. Basit Ahmad Bhat,” the court said and directed the BOPEE to admit the next meritorious candidate to the MBBS course in strict adherence to the merit list prepared by NEET-UG and the norms.
“Although the said candidate, who is next in the order of merit, has not approached this Court or actively participated in the present proceedings, the Court cannot disregard the fundamental principle that the merit list prepared by NEET-(UG) must be upheld and cannot be arbitrarily altered,” the court said, adding, “The Hon’ble Supreme Court has consistently maintained that merit is of paramount importance in the admission process and must be given due consideration during counseling. Any deviation from the established merit order would not only contravene settled legal principles but also risk setting a precedent detrimental to the fairness and transparency of the admission process.”
The court underscored that merely because the candidate falling in merit has remained a passive observer in these proceedings and has not actively pursued his claim before this Court, does not warrant placing him in a disadvantageous position.
“Denying him the seat solely on this ground would lead to further litigation, which would not serve the interests of justice or the meritorious candidates seeking admission,” the court said, adding, “Therefore, in the interest of upholding the integrity of the admission process and ensuring that deserving candidates are not unjustly deprived of their rightful opportunity, the Court directs that the seat be first offered to said candidate.” However, the court said, in the event the candidate (Mr. Basit Ahmad Bhat), falling in the order of merit is unwilling to accept the offered seat for any reason, the same shall be allocated to the next eligible candidate, who as per the merit list prepared by BOPEE is Ansh Mahajan.
Follow this link to join our WhatsApp group: Join Now
Be Part of Quality Journalism |
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast. |
| ACT NOW |
| MONTHLY | Rs 100 |  |
| YEARLY | Rs 1000 | |
| LIFETIME | Rs 10000 | |
