SC upheld Bombay HC order which denied student admission to medical course as it was against reservation policy of college

The petitioner was a medical aspirant in the present case and had pursued her studies in Class VIII to X in a school in Sarigram, Gujarat, which is at a distance of 17 kilometres from her residence in Daman. Later, she shifted to Ahmedabad, Gujarat to pursue her studies in Classes XI & XII. 

Out of the 150 seats for admission in the MBBS course in the college, 22 seats are reserved for the All India Quota, and 58 seats each for the candidates of Dadra & Nagar Haveli and Daman & Diu. The eligibility criteria was set out in the notice published in the official gazette of the Union Territory Administration of Dadra & Nagar Haveli and Daman and Diu. 

The SC affirmed the order of Bombay High Court which had denied admission to a medical aspirant in the MBBS course in NAMO Medical Education and Research Institute, Silvassa, Dadra and Nagar Haveli and Daman and Diu as the same is not as per the domicile category.

The two-judge Bombay HC bench comprising of Justices Indira Banerjee and Hemant Gupta has observed that the policy of admission to MBBS course in NAMO Medical Education and Research Institute, Silvassa, Dadra and Nagar Haveli and Daman and Diu for academic year 2020-2021.

The purpose of the ‘Academic Prospectus 2020-2021’ is to give the benefit of ‘First Priority’ for admission to those candidates whose parents were domiciles of the Union Territory of Dadra and Nagar Haveli or Daman and Diu and had studied at a recognised school in Dadra and Nagar Haveli and Daor or Diu from classes 8th to 12th. 

The SC bench headed by Chief Justice Dipankar Datta and Justice G. S. Kulkarni made the following observations:

1. Only those candidates of Daman & Diu would be entitled to the “first priority” who satisfy the conditions mentioned in paragraph 4(a).

2. The petitioner did satisfy the first condition of being domiciled in Daman, but not having pursued studies in any of the recognised schools in the Union Territory between 2014 and 2018 did not satisfy the other conditions and cannot, thus, claim the benefit of the “first priority”.

3. After having participated in the NEET, 2020 and realising that the marks obtained by her in such examination would not entitle her to secure admission in the said medical college in any of the 22 seats reserved for the All India quota, the petitioner is stopped from raising this plea.

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