NEET PG: No Candidate Can Claim Admissions To 2021-2022 Based On 2019 Rank Vitiated Due To Caste Certificate Discrepancy, says Supreme Court

NEET-PG-No-Candidate-Can-Claim-Admissions-To-2021-2022-Based-On-2019-Rank-Vitiated-Due-To-Caste-Certificate-Discrepancy-says-Supreme-Court

The Supreme Court said that no candidate can claim admissions to 2021-2022 batch based on 2019 rank vitiated due to caste certificate discrepancy.

Background 

The appellant applied for NEET-PG 2019 and appeared in the examination. He secured All India Rank of 15297 and was provisionally allotted a seat in Netaji Subhash Chandra Bose, Medical College, Jabalpur, Madhya Pradesh for admission to PG course reserved for Scheduled caste. During the verification of documents at the time of admission, it was found that his surname as mentioned in the caste certificate was ‘Meshram’ whereas his surname in all other documents was ‘Markam’. He requested the College to permit him to attend the classes by furnishing an undertaking to get the caste certificate rectified which was denied.

Arguments

Senior Advocate V. Mohanna, appearing for the appellant, contended that the appellant could not have been denied admission on the ground that the surname of the appellant did not match in the documents that were furnished. 

She argued that the denial of admission to the appellant to PG course in the College based on his ranking in NEET-PG 2019 was not due to any fault of the appellant but due to a mistake committed by the authorities in not disposing of the request for change of surname expeditiously.

Saurabh Mishra, Additional Advocate General for the State of Madhya Pradesh, contended that the certificate that was issued in 2016 was on the basis of the application made by the appellant in which his surname was shown as ‘Meshram’. 

He urged that the appellant is, in any event, eligible to be considered as a scheduled caste candidate for admission to the PG course for the Academic Year 2021-2022 but is not entitled to claim admission on the basis of the rank that was assigned to him in the NEET-PG 2019.

Decision 

The division bench of Justice L.Nageswara Rao and Justice B.R. Gavai  noted that this is not a case where the appellant has produced a false caste certificate or has played any fraud in securing a caste certificate. There is no doubt that he belongs to a scheduled caste category in the State of Madhya Pradesh. 

The court said that the appellant ought not to have made an application for issuance of a certificate in 2016 by showing the surname as ‘Meshram’, when he got his surname corrected as ‘Markam’ in 2009. 

The court stated that it is unable to accept the request of the appellant that he is entitled for admission on the basis of the rank assigned to him in NEET-PG 2019 as he is responsible for applying for issuance of caste certificate with a surname different from that appearing in the other documents. 

Case title: Mahendra Ghanshyam Markam v/s Director General of Health Services & Ors.

Citation: CIVIL APPEAL NO. 1237 OF 2022 

Click here to read the Order/Judgment

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