D. Y. CHANDRACHUD, HIMA KOHLI
Maharishi Markandeshwar University – Appellant
Versus
Akriti Sharma – Respondent
JUDGMENT
Dr. Dhananjaya Y. Chandrachud, J. - Leave granted.
2. The appeal arises from a judgment dated 2 August 2022 of a Division Bench of the High Court of Himachal Pradesh.
3. The first appellant is a private state university in Himachal Pradesh established under the Maharishi Markandeshwar University (Establishment and Regulation) Act 2010. The first appellant runs the Maharishi Markandeshwar Medical College and Hospital at Kumarhatti, District Solan. The medical college has a prescribed intake of 150 seats for admission to the MBBS degree course as approved by the National Medical Commission1["NMC"].
4. The first respondent is medical student currently pursuing her BDS course in a government dental college. The second respondent, Atal Medical and Research University, Himachal Pradesh, issued a prospectus for conducting centralized counselling for MBBS/ BDS courses based on the order of merit in the National Eligibility-cum-Entrance Test2["NEET"] 2021 for the undergraduate medical courses. The first respondent appeared in NEET-UG 2021 and secured 456 out of 720 marks with a rank of 1,26,537. On 29 January 2022, the second respondent issued a schedule of admission for the MBBS/ BD
Aneesh D Lawande v. State of Goa (2014) 1 SCC 554
Asha v. Pt. B. D. Sharma University of Health Sciences
Faiza Choudhary v. State of J&K (2012) 10 SCC 149
Medical Council of India v. State of Karnataka (1998) 6 SCC 131
Pradeep Jain v. Union of India (1984) 3 SCC 654
Priya Gupta v. State of Chhattisgarh (2012) 7 SCC 433
The main legal point established in the judgment is the importance of merit and fair procedure in completing admissions to medical courses, and the entitlement of a wrongfully denied student to compe....
The main legal point established in the judgment is that the merit of the petitioner should have been the sole criteria for filling up the 4 reverted seats from the All India Quota, as per the Regula....
The main legal point established in the judgment is the importance of following AIQ merit and preventing vacant medical seats in government colleges as directed by the Hon’ble Supreme Court.
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
The main legal point established in the judgment is that the admission of students to the MBBS course must adhere to the proper procedure for filling vacant seats as per the judgment of the Apex Cour....
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
Vacancy is created either because of non-allocation of seat or candidate not taking admission on allocated seat.
Unfilled NRI seats go to general pool.
The court emphasized the application of Rule 12 (8) (ka) of the M.P. Medical Education (Admission) Rules, 2018, which governs the inclusion of vacant seats in subsequent rounds of counselling.
The court upheld the principle of merit-cum-choice in admissions, confirming that procedural fairness is essential when rectifying errors in provisional seat allotment results.
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