A Division Bench comprising of Justice Aravind Kumar and Justice Ashutosh Shastri of Gujarat High Court has quashed an order by a single judge enabling a student to participate in the admission process for MBBS despite scoring below 50% marks in the 12th Board exam.
The Division Bench ruled that relaxations granted for communal reservation can’t be extended for admission in the management quota.
A student Yash Patel, from SEBC ( Socially and Economically backward Class), was granted admission to a homoeopathy course in Surat by the admission committee stating that the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, mandates a student to have a minimum of 50% marks in Class 12 to qualify for admission in the management quota.
The student having scored 48.8% in the 12th Board exam, contained that the students from the SEBC category qualify for admission with a minimum of 40% marks in the 12th standard. On 1st April, a single judge of the High Court ruled in favour of the student and allowed him to participate in the admission process for MBBS.
However, in the third round, the Government approached the division bench of the High Court which ordered against the student quashing the single judge ruling, citing that Rule 4(5) of the admission rules specify that the eligibility criteria for the general category students should be applied to students who seek admission in the management quota.
