Case Note & Summary
The petitioners, a father and son, approached the High Court of Bombay under Article 226 of the Constitution of India by way of a writ petition challenging the denial of admission to the son (petitioner no.2) to the MBBS course in the Government Medical College, Silvassa, Union Territory of Dadra and Nagar Haveli, for the academic year 2019-2020. The admission was sought against a single seat reserved for Scheduled Caste (SC) candidates. The petitioner no.2 had appeared for the National Eligibility cum Entrance Test (NEET) 2019 and was placed at merit position 44 in the provisional common merit list, with the remark SC-0002. The top-ranked SC candidate, Ms. Tejalben Rohit, was adjusted against a general seat and gave up her claim to the reserved seat, leaving petitioner no.2 as the next meritorious SC candidate. However, his name was struck off from the list without notice, and admission was denied based on a clause in the admission policy (para 2.3) which stated that seats reserved for SC/ST/OBC/PWD candidates in the UT would be filled only by candidates of the UT, and candidates who or whose parents had migrated from other states shall not be entitled to such benefits. The petitioners contended that petitioner no.1 (father) was the son of Jagubhai Narsinhbhai Rohit, a retired government servant of the UT Administration who had served since 1969, was never treated as a migrant, and received all service benefits including reservation in promotions as an SC candidate. Petitioner no.1 had a SC certificate issued by the Mamlatdar of Dadra and Nagar Haveli in 1989 and a permanent residency certificate showing him residing in Silvassa for over 44 years. Petitioner no.2 was born in Silvassa in 2000 and completed his entire education up to 12th standard there. The petitioners argued that they were not migrants and that the exclusion was arbitrary and discriminatory. The respondents, including the Union Territory Administration, relied on the migration clause in the policy to deny admission. After hearing parties, the High Court, by order dated 23-7-2019, found a strong prima facie case, balance of convenience in favour of the petitioners, and irreparable loss if admission was not granted, and directed interim admission to petitioner no.2 subject to compliance with other rules. The respondents appealed to the Supreme Court, which set aside the interim order and directed the High Court to finally dispose of the petition within six weeks. The High Court then heard the parties and, by the present oral judgment, was to deliver its final decision. The text of the judgment does not contain the concluding reasoning and final order.
Headnote
A) Constitutional Law - Reservation - Scheduled Caste - Migration - Admission to Medical College - Policy Clause - The court, while granting interim relief, observed that the denial of admission to petitioner no.2, who was a meritorious SC candidate born and educated in the UT, solely on the ground that his father had migrated from Gujarat decades ago, was arbitrary and violative of his rights - Held that a strong prima facie case was made out, balance of convenience favored the petitioner, and irreparable injury would result if admission was not granted (Paras 1-2).
Issue of Consideration
Whether the denial of admission to petitioner No.2 under the Scheduled Caste quota in Government Medical College, Silvassa, on the ground that his parents had migrated from Gujarat, was arbitrary and violative of constitutional rights, and whether the petitioner was entitled to the benefit of reservation despite the migration clause in the admission policy.
Law Points
- Reservation
- Scheduled Caste
- Migration
- Domicile
- Admission Policy
- Arbitrariness
- Balance of Convenience
- Irreparable Injury
