In a landmark verdict, the Gujarat High Court revoked the admission of an MBBS student, the son of a panipuri seller hailing from Uttar Pradesh, who secured admission under a reserved category.
The court ruled that the student did not belong to Gujarat’s Socially Economic Backward Class (SEBC). Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee emphasised that admission based on an invalid caste certificate warrants automatic revocation, dismissing their claims and stating, “Sympathy cannot be a ground to save admission in this type of case”.
The bench observed that the student’s admission would be cancelled, leaving the seat vacant.
The bench allowed the appeal of the admissions committee challenging the previous order of a single judge reinstating the student’s admission, taking into account his family background, and praising his achievement. The HC bench termed the single judge’s order illegal and void.
The bench of the High Court clarified that “the question of considering the applicant student in the open category does not arise at all. Because once someone has claimed the benefit of a reservation, they will have to stick to it.”
Appearing for the Admission Committee, advocate general Manisha Shah and assistant government counsel KM Antani submitted that “the student, Alpeshkumar Rathod’s, admission to medical college was cancelled in September 2023, because the Teli sub-caste to which he belongs, is not included in the Other Backward Class (OBC) in Gujarat. His parents are originally from Uttar Pradesh, where this caste falls under the OBC.”
Accepting the contention of the Admission Committee, the bench also noted that “no member of the applicant student’s family has a caste certificate in the OBC category of Gujarat State.”
High Court’s remarks on the ineligible caste certificate
Rejecting the arguments that the student was meritorious and that the single judge had given him hope, the bench said that “such sympathy and hope should not be given to anyone. This is the result of your actions. You and your family were aware that you did not belong to that caste.”
The bench also remarked that “the fact that the applicant student scored high marks in the NEET (National Eligibility-cum-Entrance Test) examination and could have secured admission in the open category in any college in Gujarat cannot be a ground for protecting the admission.”
The bench made it clear that “you can compete in Uttar Pradesh to get admission in the reserved category. You cannot avail of the benefit of reservations in Gujarat State. Go back to Uttar Pradesh; you will get the benefit there.”