Delhi: The Supreme Court has provided relief to 10 MBBS students, of Malabar Medical College, whose admissions had been earlier cancelled, by allowing them to pursue their course.This it did by setting aside the orders of the Kerala High Court and the Admission Supervisory Committee.
Though these students who are NEET qualifiers, obtained the demand drafts from banks pertaining to the fee for admission prior to 09.09.2016 (last date of submitting online application), their online applications weren’t submitted due to some snag in the website of the college.
The ASC, however, included the names of the above students in a student list compiled, while considering complaints filed by some other students (who also could not apply online).
On 23.09.2016, the college informed the students that applications of students who had made an unsuccessful bid of registration and had proof for the same and secondly, submitted demand drafts before the scheduled cut off date, would be accepted by the college.
The applications filed by the students, along with proof, were accepted taken into consideration and were granted admission.
However, the ASC later cancelled the admissions of candidates admitted under the management quota, on the ground that their names are outside the list published by the medical college. It further stated that the admissions of six candidates admitted under the NRI quota also stood cancelled, as their admissions were facing disapproval for not being part of any of the online application lists submitted by the medical college.
The High Court, though initially let the students write the first year exam, but finally, dismissed their writ petitions challenging the Admission Supervisory Committee order.
Justice AK Sikri and Justice Ashok Bhushan court observed that despite, the college not specifically inviting all the who had earlier made unsuccessful attempts for online registration, to come up for being included in the list of eligible candidates of the college, but its effort to give an opportunity to others along with the seven candidates who had complained to the ASC, the college’s action cannot be adjudged mala fide or with oblique motive. More so keeping in mind the fact that aspirants were included in the list of eligible candidates.
“The High Court had not given due consideration to the important condition which was put by the College in the notice dated 23.09.2016 that candidates who come, claiming that they made unsuccessful attempts for online registration and come up with proof to show that they had prepared demand draft of fee which was of prior date to the last date of admission. The above safeguard was enough to ward of applicants who never thought of admission in the College prior to the last date of admission,” said the bench.
“Present is not a case where the appellants did not appear in the NEET examination or they were granted admission disregarding the merits of other candidates in NEET. No details of any candidate who secured higher rank or merit to the appellants and was not given admission to the College has been brought to our notice,” the bench added. Judgement attached herewith: