Srinagar: While cancelling the medical seat of a candidate on a “fraud” Economically Weaker Section (EWS) certificate and offering it to a candidate who sat at fence but was next in merit, the High Court has held that meritorious candidates cannot be arbitrarily deprived of their rightful admission.
The ruling of cancelation was recorded in a case wherein one M Umar Farooq Shah, son of Farooq Ahmed Shan of Ramban, had secured admission in Government Medical College Jammu in 2024 on a fraud EWS certificate.
Shah had secured 402 marks under the EWS category, followed by Basit Ahmad Bhat and Ansh Mahajan in the order of their merit.
Shah is currently studying at GMC (Ist semester) and his candidature was challenged by one Ansh Mahajan, who was third in line after Shah and was given admission in Dental Surgery.
Perusing the records and hearing the parities, Justice Wasim Sadiq Nargal upheld the principle that meritorious candidates cannot be arbitrarily deprived of their rightful admission, particularly in professional courses, such as MBBS, where each academic year is of paramount importance.
“The denial of admission due to an illegal or arbitrary administrative action constitutes a violation of Article 14 of the Constitution, as it unfairly discriminates against deserving candidates,” he said.
He upheld the cancellation order of the EWS certificate of M Umar Farooq after enquiry and ruled “the admission procured by M Umar Farooq on the basis of EWS certificate obtained by fraud, concealment and misrepresentation and also by way of filing a wrong affidavit, stands cancelled”.
As a necessary corollary, the seat which fell vacant has been offered to JKBOPEE to be given to the next candidate falling in the order of merit.
Acknowledging the possibility that if Basit Ahmed (subsequently falling behind Shah), may choose not to avail himself of the admission opportunity, the court directed the seat be offered to the next candidate in the order of merit, Ansh Mahajan.
Accordingly, the responsibility of verifying the eligibility and willingness of the next meritorious candidate to accept the seat has been left to the discretion of JKBOPEE.
The bench explained that although Basit, who is next in the order of merit, has not approached the court or actively participated in the present proceedings, the court cannot disregard the fundamental principle that the merit list prepared by NEET-(UG) has to be upheld and not arbitrarily altered.
Any deviation from the established merit order, it said, would not only contravene settled legal principles but also risk setting a precedent detrimental to the fairness and transparency of the admission process.
Furthermore, in view of the fact that time is the essence in the instant matter, and to prevent any potential multiplicity of litigation, the court, in the peculiar facts and circumstances of the case, deemed it appropriate to direct BOPEE to offer the seat to the next meritorious candidate in line, even if, the said candidate was watching from the fence.
“Merely because the said candidate (Basit) falling behind Shah in merit has remained a passive observer in these proceedings and has not actively pursued his claim before this court, this does not warrant placing him in a disadvantageous position,” the court ruled.
It held that denying him the seat solely on this ground would lead to further litigation, which would not serve the interests of justice or the meritorious candidates seeking admission.
“Therefore, in the interest of upholding the integrity of the admission process and ensuring that deserving candidates are not unjustly deprived of their rightful opportunity, the court directs that the seat be first offered to said candidate, (Basit Ahmad Bhat),” it said adding that if he does not accept the offer of the seat within a week, the admission shall squarely go to Mahajan.
