Latest Judgments

Muskan Samir Modasia v. Union of India and Another

December 24, 2020
Petition(s) for Special Leave to Appeal (C) No(s). 15340/2020

1. The policy of admission to MBBS Course in NAMO Medical Education and Research Institute, Silvassa, Dadra and Nagar Haveli and Daman and Diu for the Academic Year 2020-2021, as stated in its ‘Admission Prospectus 2020-21’ is to give the benefit of ‘First Priority’ for admission to those candidates whose parents were domiciles of the Union Territory of Dadra and Nagar Haveli or Daman and Diu and had studied at a recognised school in Dadra and Nagar Haveli and Daor or Diu from classes 8th to 12th.

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(Indira Banerjee and Hemant Gupta, JJ.)

Petition(s) for Special Leave to Appeal (C) No(s). 15340/2020

Muskan Samir Modasia _____________________________ Petitioner;

v.

Union of India and Another ______________________ Respondent(s).

(For Admission and I.R. and IA No. 132029/2020-Exemption From Filing C/C of the Impugned Judgment IA No. 135339/2020 – Permission to File Additional Documents/Facts/Annexures)

Petition(s) for Special Leave to Appeal (C) No(s). 15340/2020; WPST No. 94737/2020; IA No. 132029/2020; and IA No. 135339/2020, decided on December 24, 2020

The Order of the court was delivered by


Order

1. The policy of admission to MBBS Course in NAMO Medical Education and Research Institute, Silvassa, Dadra and Nagar Haveli and Daman and Diu for the Academic Year 2020-2021, as stated in its ‘Admission Prospectus 2020-21’ is to give the benefit of ‘First Priority’ for admission to those candidates whose parents were domiciles of the Union Territory of Dadra and Nagar Haveli or Daman and Diu and had studied at a recognised school in Dadra and Nagar Haveli and Daor or Diu from classes 8th to 12th.

2. A policy decision is not ordinarily interfered with by the Court in exercise of its power of judicial review. The judgment in “Ms. Vinita Umesh Singh v. The Administrator, Dadra and Nagar Haveli” (W.P. (ST) No. 96105/2020 decided on 17.12.2020) was rendered in the peculiar facts and circumstances of that case where the concerned student had studied in the 9th, 10th, 11th and 12th and had appeared for the Board examinations of Secondary and Senior Secondary level from one of the two Union Territories. The petitioner only attended primary classes at a school in the Union Territory of Dadra and Nagar Haveli and, therefore, is not eligible for ‘First Priority’.

3. The well reasoned judgment of the Bombay High Court, in our view, requires no interference by this Court and certainly not at this stage. The Special Leave Petition is, thus, not entertained and is dismissed accordingly.

4. Pending application(s), if any shall stand disposed of accordingly.

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