Excelsior Correspondent
SRINAGAR, June 21: Observing that to deprive to undergo MBBS course due to technical failure of online deposition of prescribed fee by the meritorious NEET candidate would amount to failure of holding constitutional obligation, the High Court directed the BOPEE to admit the candidate for the course in the next academic year.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal directed the BOPEE to admit the candidate-Eva Kumari for MBBS course in Government Medical College, Jammu in the next academic year.
“BOPEE is directed to take up the matter with the concerned authority to increase one seat of MBBS under the ST(ii) category for the next academic session”, the DB added.
Eva Kumari, a tribal girl of remote village of Sial Sui, Tehsil Kalakote, District Rajouri, by dint of sheer hard work and dedication succeeded in getting her name figured in the provisional merit list of NEET (UG)-2024 belonging to Union Territory issued by the Board dated 25.08.2024. But due to failed online transaction for payment of Rs. 1,500 as the prerequisite for participation in counselling, she was not allowed to participate in the counselling for admission to MBBS/BDS course.
As a consequence, thereof, she could not find a place in the provisional select list issued by the appellants vide notification No. 093-BOPEE of 2024 dated 03.09.2024 despite the fact that she had secured 500 marks whereas the candidate having 475 marks was selected in ST(ii) category. This prompted her to knock on the doors of the Court.
The court after considering her plea said that Article 15 of the Constitution of India provides that there should be no discrimination on the basis of religion, race, caste, sex or place of birth and at the same time, leaves the State free for making special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
“A special provision has been made for the benefit of Scheduled Castes/Scheduled Tribes so as to bring them at par with the other citizens of India to ensure that the equality is achieved in real sense. Depriving a Scheduled Tribe student, a resident of a far-flung village of border District of Rajouri, chance of becoming a doctor just because of failure of online transaction would defeat the very essence of the Constitution”, the DB said.
The court also clarified the essence of Board conditions laid down in the notification said there was a stipulation in the notification dated 27.08.2024 as well as in the e-Brochure of NEET(UG)- 2024 that a candidate was required to deposit Rs. 1,500 online fee and failure to do so would entail rejection of the candidature.
But the court at the same time, came across with the situation as the father of the candidate travelled to the Cyber Café to deposit the amount of Rs. 1,500 but the online transaction failed for unknown reasons. The court said that it is not that no effort was made by the candidate to pay an online fee of Rs.1,500.
“If we accept the contention of the appellant-Board and deprive the candidate a Scheduled Tribe female student, an opportunity to undergo MBBS course, just because of technical failure of online transaction, we would be failing in our constitutional obligation to uphold the majesty of the Constitution, and more particularly Article 14 and 15 of the Constitution of India”, DB recorded.
The bench said that the provision of nonpayment of fee resulting into rejection of the candidature, would only apply in a case where the candidate does not venture out to deposit fee but here is the case where the father of the candidate did his best to pay Rs.1,500 through Cyber Cafe but for one reason or another, the amount could not be paid due to failure of online transaction. “Just because of failure of online transaction, the candidate cannot be blamed for not having deposited the counseling fee as required by the appellant-Board”, the DB added.
Follow our WhatsApp channel
