A court application by a young student to interdict the University of Stellenbosch from finalising the selection process for the 2021 MBChB programme has been dismissed.
A young student, Akhil Lekha, asked the court to compel the university to furnish reasons as to why he was not a successful candidate for admission to the programme based on the selection process.
The rector and vice-chancellor, dean of the Faculty of Medicine and Health Sciences as well as the Minister of Higher Education were cited as respondents.
The Health Professions Council of South Africa (HPCSA) sets the limit for new places each year for the programme at the university at 290.
Lekha's senior counsel, advocate Nkateko Tshabalala argued in court that Lekha was not furnished with reasons until he demanded them and at no stage was he informed that he was selected but was put on a waiting list.
Tshabalala said the information was only made available when it was requested earlier this month.
The selection process has already been finalised and the university's legal counsel, advocate Roelof Steyn argued that Lekha was aware of the final date for selection before filing the court application and the application should not have been made.
Both parties confirmed that the relief sought in the form of an interdict was moot.
However, asked by presiding Judge Selwyn Hockey if Lekha wanted the court to force the university to grant him an extra space on the programme, Tshabalala said his client was exercising his right to challenge his non-selection and failure to be informed beforehand.
"I cannot ignore the fact that there are other students who are in front of the applicant on the waiting list," the judge noted.
The parties will return to court, on a date yet to be set down to argue Part B of the application.
In his founding affidavit, Lekha said he applied for enrolment as a first-year medical student in 2021 using his Grade 11 final exams results.
Based on the results he was provisionally admitted for Bachelor of Commerce in Financial Accounting.
He also obtained six distinctions and one B symbol in all subjects completed through the Independent Examinations Board.
He argued that the results were not taken into consideration when he was denied entry into the MBChB programme or his second choice of study, a BSc in Dietectics.
"My father Ravinda Lekha instructed our attorneys to raise our concern that my exclusion was orchestrated and deliberately executed through "bias, unlawfulness and illegality," he argued in the affidavit.
The university's selection process takes into consideration factors such as race, socio-economic status of applicants as well as academic merit.
Earlier the university said the selection to the MBChB programme was extremely competitive.
"Whilst academic merit forms the basis of selection to the programme, other factors must also be considered during the selection process.
“We adhere strictly to the selection guidelines," the university said.
It also said the allegations levelled against the university were denied and would be addressed in the university’s court papers.