VidhiSangh

Supreme Court of India · 20/03/2024

VANSH S/O PRAKASH DOLAS versus THE MINISTRY OF EDUCATION & THE MINISTRY OF HEALTH & FAMILY WELFARE & ORS.

[2024] 3 S.C.R. 705 · 2024 INSC 235

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A Maharashtra-domiciled NEET candidate could not be denied State-quota eligibility because his BSF-employed father was posted outside Maharashtra and he studied there. The return-posting condition was read down; his OBC claim had wrongly been treated as a belated defence-quota claim. Cancellation without a hearing was illegal. As the academic session had substantially progressed, the Court directed admission through an additional seat in the same college in 2024 and awarded Rs.1 lakh compensation for losing a year.

Issues

  1. Whether the parent’s posting outside Maharashtra could defeat the domiciled candidate’s State-quota eligibility.
  2. Whether the claim involved a late change to the defence reservation category.
  3. What restitution was appropriate after the ongoing session had progressed.

Provisions considered

Held

Result

Appeals allowed; impugned orders set aside. Additional-seat admission in the same college directed for the 2024 MBBS session, with Rs.1 lakh compensation payable equally by the college and Maharashtra. Interim eligibility directions issued pending correction of the guidelines.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 705.