New Delhi: The Supreme Court has stepped in to help an MBBS student by ordering the Uttar Pradesh government and its officials not to take any "adverse" actions against her for allegedly abusing the NCC quota to secure admission. The student, who has finished three years of the MBBS programme at the Motilal Nehru College in Prayagraj, was given relief by a vacation bench of justices D Y Chandrachud and Bela M Trivedi in an interim ruling.
"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 MBBS student has appealed to the Supreme Court a May 13 ruling of the Allahabad High Court, arguing that her admission to the medical school should not be revoked since she did not receive a "C" in the NCC examination.
The High Court also rejected the argument that students who received a "B" in the NCC examination could be considered for admissions by allocating a 1% horizontal reservation in NEET-UG counselling. The top court stated that it could not include any qualifications by "judicial fiat" because that is the responsibility of the rule-making bodies.
"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".