Gujarat High Court cancels MBBS admission of Panipuri seller’s son over caste certificate dispute

In a significant judgement, the Gujarat High Court nullified the admission of an MBBS student, whose father is a panipuri seller from Uttar Pradesh, as he had gained admission under a reserved category. 

The court found that the student did not belong to the Socially Economic Backward Class (SEBC) of Gujarat. 

Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee stated that admission based on an invalid caste certificate calls for automatic revocation. 

They noted that sympathy cannot be a basis to secure admission in such cases. The court also instructed that the student's admission would be cancelled, and the seat would remain vacant. The court agreed with the appeal of the admissions committee which challenged the previous order of a single judge reinstating the student's admission. 

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The High Court bench termed the single judge’s order as illegal and void. The High Court clarified that the student cannot be considered in the open category. 

Advocate general Manisha Shah and assistant government counsel KM Antani, representing the Admission Committee, stated that the student, Alpeshkumar Rathod's admission to medical college was cancelled in September 2023 as his caste, Teli, is not included in the Other Backward Class (OBC) in Gujarat. 

The court accepted the Admission Committee's contention and noted that no member of the student’s family has a caste certificate in the OBC category of Gujarat State. 

The court remarked that the student's high score in the NEET examination and potential for securing admission in the open category in any Gujarat college cannot be a reason to protect the admission. 

The court stated that the student can compete in Uttar Pradesh to get admission in the reserved category, but cannot avail of the benefit of reservations in Gujarat State.