CHENNAI: The Supreme Court has set aside an order of the Madras high court which allowed a student, who was provisionally admitted under a reserved quota seat, to continue his education at Jawaharlal Institute of Postgraduate Medical Education and Research (Jipmer) in Puducherry.
In his petition, Gokul Sugan, said he belonged to the Kongu Vellalar community, which was classified as Other Backward Caste (OBC) in Tamil Nadu and as Backward Caste (BC) in Puducherry.
He had applied for admission as a reserved quota student at Jipmer, but the authorities denied him admission stating the community was not listed as BC by union government.
He filed a writ petition in the Madras high court in 2014. In its verdict in September 2014, a single judge held that Gokul belonged to the reserved quota and was entitled for admission in the institute.
Jipmer appealed against the order. The court passed an interim order the next month directing the institute to provisionally admit Gokul, till the petition was disposed.
The court passed its final orders in December. A division bench said though Gokul did not belong to reserved quota, it would be inappropriate to withdraw his admission as he had completed the first year MBBS course.
Jipmer then moved the apex court. Counsels for Jipmer, attorney general Mukul Rohatgi and senior counsel M T Arunan said Gokul's admission was provisional, and as he did not belong to the reserved quota, his admission could be cancelled.
Counsel for Gokul said if the admission was cancelled, it would cause " serious prejudice" to the student, and he would lose around two academic years. Also, it was because of the division bench's order that Gokul did not take admission elsewhere.
A bench of Justice B Lokur and Justice Adarsh Kumar Goel said "continuance of Gokul Sugan in the institute was not justified. It is unfortunate that he had to lose around two years of his education, but as his admission was not permissible in law, there was no option but to sympathize with him."
In his petition, Gokul Sugan, said he belonged to the Kongu Vellalar community, which was classified as Other Backward Caste (OBC) in Tamil Nadu and as Backward Caste (BC) in Puducherry.
He had applied for admission as a reserved quota student at Jipmer, but the authorities denied him admission stating the community was not listed as BC by union government.
He filed a writ petition in the Madras high court in 2014. In its verdict in September 2014, a single judge held that Gokul belonged to the reserved quota and was entitled for admission in the institute.
Jipmer appealed against the order. The court passed an interim order the next month directing the institute to provisionally admit Gokul, till the petition was disposed.
The court passed its final orders in December. A division bench said though Gokul did not belong to reserved quota, it would be inappropriate to withdraw his admission as he had completed the first year MBBS course.
Jipmer then moved the apex court. Counsels for Jipmer, attorney general Mukul Rohatgi and senior counsel M T Arunan said Gokul's admission was provisional, and as he did not belong to the reserved quota, his admission could be cancelled.
Counsel for Gokul said if the admission was cancelled, it would cause " serious prejudice" to the student, and he would lose around two academic years. Also, it was because of the division bench's order that Gokul did not take admission elsewhere.
A bench of Justice B Lokur and Justice Adarsh Kumar Goel said "continuance of Gokul Sugan in the institute was not justified. It is unfortunate that he had to lose around two years of his education, but as his admission was not permissible in law, there was no option but to sympathize with him."
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