Discriminatory and Arbitrary Treatment of Defense Personnel’s Child in Admission Not Countenanced: Supreme Court Reinstates Cancelled Admission of BSF Officer’s Son

The Supreme Court, in a significant verdict in the case of Vansh S/O Prakash Dolas Vs. The Ministry of Education & Ors., has reinstated the MBBS admission of a BSF officer’s son, which was previously cancelled without a hearing. The apex court remarked that “the discriminatory and arbitrary treatment meted out to the appellant under the guidelines cannot be countenanced,” emphasizing the rights of children of defense personnel in educational admissions.

The central legal question revolved around the interpretation of Clause 4.8 of the NEET-UG 2023 Information Brochure, particularly concerning the children of Government of India employees posted outside Maharashtra. The case challenged the arbitrary cancellation of Vansh’s MBBS admission on this ground.

The Supreme Court, upon examining similar precedents and the relevant clauses of the Information Brochure, identified a clear discriminatory and arbitrary application of the rules against the appellant. The court noted that the conditions of the brochure were unreasonably harsh and impossible for defense personnel’s children to meet, thus violating principles of equality and justice.

The apex court ordered the reinstatement of Vansh’s admission in the next academic year with an additional seat to ensure no reduction in available seats. Additionally, the Court directed the respondents to compensate Vansh with Rs. 1 lakh for the unfair treatment and loss of an academic year.

Date of Decision: March 20, 2024

Vansh S/O Prakash Dolas Vs. The Ministry of Education & Ors.