SEBC admission in MBBS: HC rejects appeal of ‘Hindu Baniya’

Gujarat high court has rejected an appeal filed by a student who got admission in MBBS course last year under reserved category of the Socially and Educationally Backward Classes (SEBC) though his caste certificate mentioned ‘Hindu Baniya’ as his caste.

The case involved city-based student Rishabh Bansal, who got admission in Vadodara medical college last year in quota on basis of caste certificate issued by competent authority. Three months after his academic session began, he received a notice from the director, developing caste welfare calling him upon to explain on which basis he claimed SEBC category. After an inquiry, Bansal’s caste certificate was cancelled in November 2017.

Following this, his admission in medical course too got cancelled. The director of developing caste welfare also recommended the education authority to change Bansal’s admission from quota to general category, but it did not happen.

Bansal approached the HC and a single-judge bench in February asked the government to conduct an inquiry after giving him fair opportunity to explain his case.

This happened after Bansal submitted that his father is from Bihar, but he was brought up in Gujarat. The authority has mixed up his caste ‘Hindu Kalal’ with another caste and erroneously held that ‘Baniya’ caste in Bihar has no recognition as ‘Kalal’.

The government told the HC that Bansal belonged to ‘Baniya Kalal’, which is not placed in the list of reserved category.

On HC’s directions, the government undertook a fresh inquiry and stuck to its decision of cancelling Bansal’s caste certificate. Bansal now approached a division bench for relief including transfer of his admission from reserved category to general category.

But the division bench rejected Bansal’s appeal and said, “It is not in dispute that the appellant (Bansal)by claiming that he belonged to ‘Hindu Baniya’ community, has obtained caste certificate and in the information furnished to the Admission Committee, he has also specifically stated that he belonged to SEBC category. Admission is granted to the appellant in SEBC category which itself is based on caste certificate issued by the Competent Authority.” With cancellation of his caste certificate, there is no question of continuing his admission, the court said.