MBBS students admission cannot be cancelled on the basis of this certificate

MBBS students admission cannot be cancelled on the basis of this certificate

The high court had said it cannot include any qualification by a "judicial fiat" as the same is the task of the rule-making authorities.

MBBS students can have a sigh of relief as the Supreme Court has taken a decision in their favour. The judgment came after a student was denied her 'B' certificate in the NCC examination. The court has asked the Uttar Pradesh government and its authorities not to take any "adverse" steps against her for allegedly taking advantage of the NCC quota in getting admission. As she has already completed three years at the Motilal Nehru College in Prayagraj, the bench of justices D Y Chandrachud and Bela M Trivedi in an interim order, granted relief to the student.

"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.

The student moved to the Supreme Court on May 13 against the order of the Allahabad High Court.

Earlier, the High Court had refused to hear the plea of students with 'B' certificates in the NCC examination. The high court had said it cannot include any qualification by a "judicial fiat" as the same is the task of the rule-making authorities.

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The Supreme Court took note of the student's appeal against the High Court order, granted interim relief to her and fixed July 15 as the next date of hearing after issuing notices to the 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".

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