1. Petition under Article 32 seeking admission to professional medical courses after nomination for central pool seats. (Para 1 , 4 , 5 , 6 )
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2021 Supreme(SC) 875
SUPREME COURT OF INDIA
Dr. Dhananjaya Y. Chandrachud, M.R. Shah, JJ.
Farzana Batool - Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition (Civil) No.364 of 2021 with Writ Petition (Civil) No 375 of 2021
Decided On : 09-04-2021
Important Points
Points of Law : Disparities in spending policies that result in differing qualities of education for persons residing in different geographic locations may constitute discrimination under the Covenant.
Subject
Education Law - Access to Professional Education
Act Referred
Headnote
Constitution Of India,1950 – Article, 32 - MBBS degree course - Appointment a nodal officer - Union Territory for admission to MBBS degree course 'central pool' seats set apart by Union Ministry of Health and Family Welfare- One of them has been allocated against a seat at Lady Medical College ("LHMC") other has been assigned Medical College ("MAMC")- Unfortunately these students have not yet been admitted to their course of studies despite due nomination by Administration of Union Territory of and in terms of seats notified by Union Government.
Finding of the Court :
Central pool seats are in admitted in their chosen course of study- Such an officer can serve as a one-point contact for students who may otherwise face numerous difficulties in securing their admission even after they have been allocated seat details of such officer can be widely publicized on websites of aforesaid two authorities- Such an institutional framework will ensure that students are not left in lurch due to lack help in securing their legitimate admission to appropriate course - In this way it will help remedy broader problem of which case before us is a symptom court would also like to place on record our appreciation that approached these proceedings on behalf of Union of India and Administration of Union Territory in a spirit of dialogue as opposed to adopting an adversarial approach.
Result : Petition allowed
Legal Category Hierarchy
- constitutional law
-
administrative law
-
state obligations
- access to professional education (Para 12)
-
state obligations
- international law
Advocates appeared:
Mr. Neeraj Shekhar, Advocate, Mr. Rohit Kumar Singh, Advocate, for the Appellant; Mr. K.M. Nataraj, ASG, Ms. Sunita Sharma, Advocate, Mr. Ranjan Kumar Chaurasia, Advocate, Mr. B.V. Balram Das, Advocate, Mr. Rupinder Singh, ASG, Mr. Anmol Chandan, Advocate, Ms. Priyanka Das, Advocate, Mr. P.V. Yogeshwaran, Advocate, Mr. G.S. Makker, Advocate, for the Respondent.
Mr. Neeraj Shekhar, Advocate, Mr. Rohit Kumar Singh, Advocate, for the Appellant; Mr. K.M. Nataraj, ASG, Ms. Sunita Sharma, Advocate, Mr. Ranjan Kumar Chaurasia, Advocate, Mr. B.V. Balram Das, Advocate, Mr. Rupinder Singh, ASG, Mr. Anmol Chandan, Advocate, Ms. Priyanka Das, Advocate, Mr. P.V. Yogeshwaran, Advocate, Mr. G.S. Makker, Advocate, for the Respondent.
Table of Contents
2. Petitioners alleged denial of admission despite nomination; the State conceded there was no justification for the denial. (Para 6 , 7 )
3. Access to professional education is an affirmative State obligation, requiring non-discrimination and economic accessibility, especially for marginalized and geographically disadvantaged students. (Para 9 , 10 , 11 , 12 )
4. The State bears an affirmative obligation to facilitate access to education, ensuring that financial or geographical constraints do not impede legitimate admission. (Para 9 , 11 , 12 )
5. Petitions allowed; directions issued for immediate admission of nominated students and the appointment of a nodal officer to ensure future coordination. (Para 8 , 12 , 15 )
6. Is the right to pursue higher professional education a fundamental right under the Indian Constitution?
While the right to pursue higher professional education is not explicitly spelt out as a fundamental right in Part III of the Constitution, the State has an affirmative obligation to facilitate access to education at all levels. (Para 9 )
7. What are the essential components of accessibility in education according to international standards cited by the court?
Accessibility includes the guarantee of non-discrimination, ensuring education is accessible to all, especially the most vulnerable groups, and economic accessibility, meaning the state must ensure financial constraints do not hinder access to education. (Para 11 )
8. How does geographical disparity in education spending relate to discrimination under international law?
Disparities in spending policies that result in differing qualities of education for persons residing in different geographic locations may constitute discrimination under the International Covenant on Economic, Social and Cultural Rights. (Para 12 )
JUDGMENT
Dr. Dhananjaya Y. Chandrachud, J. - These proceedings under Article 32 have been instituted by two students from Ladakh. They have been nominated by the Administration of the Union Territory of Ladakh for admission to the MBBS degree course under the 'central pool' seats set apart by the Union Ministry of Health and Family Welfare. One of them has been allocated against a seat at Lady Hardinge Medical College ("LHMC"). The other has been assigned to Maulana Azad Medical College ("MAMC"). Unfortunately, these students have not yet been admitted to their course of studies despite due nomination by the Administration of the Union Territory of Ladakh and in terms of the seats notified by the Union Government. We have been constrained to take up the issue under Article 32, since the fundamental rights of students from Ladakh to pursue professional education are implicated. We will in the course of this judgment deal of course with the grievance of the two students. But we intend to deal with the issue on a systemic basis so that other students who may lack resources, or simply the knowledge about legal remedies, are not deprived of education.
2. Notice was issued in these proceedings on 26 March 2021. In pursuance of the order, Mr Rupinder Singh Suri, Additional Solicitor General appears for the Union of India while Mr K M Nataraj, Additional Solicitor General appears on behalf of the Administration of the Union Territory of Ladakh through the Director of Health Services, Ladakh ("DHSL"). The Office Report indicates that LHMC and MAMC have been served.
3 By a Memorandum dated 9 April 2020, the Government of India through the Ministry of Health and Family Welfare ("MHFW"), issued guidelines for the allocation of the general pool MBBS/BDS seats for 2020-2021. By a Notification dated 23 November 2020, the MHFW (Department of Health and Family Welfare) allotted, inter alia, one seat at LHMC to the Union Territory of Ladakh from the central pool. A similar allocation of one seat was made at MAMC. These allocations were made for the Ladakh central pool medical seats for the year 2020-2021.
4. Through a communication dated 19 February 2021 issued by the Administration of the Union Territory of Ladakh, the DHSL forwarded the list of selected candidates from Ladakh to be admitted in the central pool medical seats for the year 2020-2021. For convenience of reference, Annexure A to the Notification DHSL(21) of 2021 dated 19 February 2021 is extracted below:
Annexure - "A"
(Selected/Nominated list)
Order No:27/DHSL(21) of 2021, Dated 19/02/2021
| S. No. | Details of the Candidates | Category | NEET, Score | Discipline | College allotment |
| 1 | Mohammad Mehdi Waziri S/o Mohammad Ali, R/o: Sankoo, Kargil | Unreserved Kargil | 440 | MBBS | Maulana Azad Medical College, New Delhi (1 st preference) |
| 2 | Mohammad Imran S/o Abdul Razak, R/o: Drass, Kargil | Reserved Common Seniority Combined Ladakh | 437 | MBBS | Medical College Ambikapur, Sarguja, Chhattisgarh (2 nd preference) |
| 3 | Nadeem Hussain Shabani S/o Mohd Hussain, R/o: Pashkum, Kargil | Reserved Kargil | 407 | MBBS | M.L.B. Medical College Jhansi, Uttar Pradesh (2 nd preference) |
| 4 | Farzana Batool D/o Kalbi Ali, R/o: Pashkum, Kargil | Unreserved Kargil | 403 | MBBS | Lady Hardinge Medical College, New Delhi (2 nd preference) |
| 5 | Masooma Khanum D/o Sheikh Mohammad Hussan, R/o: Sankoo, Kargil | Reserved Kargil | 386 | MBBS | VCSGGMS & RI, Srinagar, Garwal, Uttarakhand (3 rd preference) |
| 6 | Stanzin Palzom D/o Sonam Namgail, R/o: Hemis Shukpachan, Leh | Unreserved Leh | 347 | MBBS | MGIMS, Wardha, Maharashtra (6 th preference) |
| 7 | Tsering Gazes D/o Rinchen Tashi, R/o: Chemday, Leh | Unreserved Leh | 340 | BDS | K.G. Dental College, Lucknow, Uttar Pradesh (6 th preference) |
| 8 | Dechen Angmo D/o Tsewang Phunchok, R/o:Leh, Ladakh. | Reserved Leh | 339 | ||
