'Bonafide mistake': HC directs correction in MBBS applications

S Shyam Prasad | NT

Bengaluru: Considering the bonafide mistake of three students who while applying for MBBS seats failed to click on the ‘religious minority’ button, the High Court allowed them to participate in future rounds of counseling for the seats.

The HC however made it clear that this case will not set a precedent for others to approach the court.

“These directions are issued under the peculiar facts and circumstances of the case and these directions shall not be construed as precedent,” the HC said.

Naima Fathima, Aiman Zara and Rasheeda Khatoon approached the HC with a joint petition. All three are aspirants for seats under NEET-UG. Based on their National Eligibility Cum Entrance Test (NEET) scores they applied with the Karnataka Examination Authority for allotment of seats.

However they noticed that during the first round of counseling, they were not given the benefit of minority seats. Their advocate Karthik V argued before the HC that in the NEET they had claimed reservation as a “minority”.

However, while filing an application before the KEA, while they mentioned “Muslim” in the religion column and reservation category as “2B”, while clicking the religious minority column, they clicked “No”.

He argued that it was a bonafide mistake and “if the mistake is not allowed to be corrected, it would cause great hardship to the petitioners.”

The HC bench of Justice G Narendar and Justice Vijaykumar A Patil who heard the petition said that it would be improper not to allow the students to get the benefit of reservation for a bonafide mistake.

“Admittedly the petitioners have produced the material before this Court to establish that they belong to a religious minority. However, while clicking the respective column, the petitioners have inadvertently clicked as ‘No’. It appears that there is a bonafide mistake on the part of the petitioners. It would not be proper to deny the benefit they otherwise are entitled to under law,” the judgement said.

While agreeing that the court's interference was required, the HC also made it clear that the students had approached the Court late.

“However, the petitioners have approached this Court at the belated stage i.e., when the first round of counseling has already begun. Hence it would not be appropriate for this Court to grant relief by allowing the petitioners to participate in the first round of counseling under the category of “religious minorities”.”

The students were however allowed to participate in the further rounds of counseling of the medical seats under the ‘religious minority’ quota and necessary directions were issued. “The ends of justice would be met if the petitioners are allowed to participate in the second round and subsequent rounds of counseling under the category of “religious minority”.

Hence, we direct respondent No.2 (KEA) to consider the case of the petitioners under the “religious minority” in further rounds of counseling i.e., from the second round of counseling,” the HC said disposing the petition. (WP 17124/2023)