HC relief for 2 MBBS aspirants
The Bombay High Court has directed the state government to immediately issue “orphan certificate” to two girl students residing in a children’s home, who wish to appear for NEET 2022 and apply for MBBS course. A division bench of Justices Revati Mohite-Dere and Madhav Jamdar recently directed the government and the District Women and Child Development Office (DWCDO) to take necessary steps considering that the Child Welfare Committee (CWC), after due diligence, recommended giving the certificate to the girls in November 2020.
The HC was hearing an application filed by the children’s home for girls, the
Nest India Foundation, seeking directions to the authorities to grant the certificates. Abhinav Chandrachud, counsel for the children’s home, argued that on November 24, 2020, they applied for the issuance of the certificates. Three days later, the CWC, Mumbai sub-division recommended their cases to the DWCDO. Despite several trips to the offices of the respondents in the last two years, as well as repeated phone calls, the certificate has not been issued. Citing urgency, Chandrachud said that the last date to apply for NEET 2022 is May-end. Government pleader Poornima Kantharia contended that they had informed the applicants earlier this month that there were shortcomings in their applications. The court noted that the authorities have not informed the nature of the shortcomings since November 24, 2020. “It is significant to note that the CWC, by letter on November 24, 2020, recommended that the said students be granted the certificate,” the court added. The Nest India Foundation had filed a petition early this year, challenging the notice issued by the DWCDO on July 1, 2021, directing it to vacate and shift 31 orphaned children to another registered children’s home. The notice was issued stating that the current home is not a registered child care institution under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Maharashtra State Judicial Justice (Care and Protection of Children) Rules, 2018.