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A. S. CHANDURKAR, ABHAY J. MANTRI
Saniya Fatima Rahman D/o Mohd. Naeemur Rahman – Appellant
Versus
National Medical Commission, through its Secretary, New Delhi – Respondent
JUDGMENT :
ABHAY J. MANTRI, J.
1. Heard. Rule. Rule made returnable forthwith.
2. The petitioners have preferred this petition challenging the communication/order dated 18-10-2023 issued by respondent No. 2 informing that the notice dated 26-9-2023 issued by respondent No. 4 for filling up the vacant seats in Private Medical Unaided College at College/Institutional Level is in violation of the letter dated 24-7-2023 issued by the Post Graduate Medical Education Board (for short “PGMEB”).
3. The petitioners are students and had appeared for the NEET-UG-2023 Examination. Petitioner No. 1 and Petitioner No. 2 have secured 531 and 157 marks respectively in the said examination. They were eligible for admission to MBBS courses conducted by various colleges in the State of Maharashtra.
4. Respondent No. 1 is a Statutory Body constituted under Section 3 of the National Medical Commission Act, 2019 (short “NMC Act”) for the purpose of regulating and maintaining of standards of Medical Institutions, Medical Research, and Medical Professionals. Respondent No. 2 is an Autonomous Board constituted under Section 16(1)(a) of the NMC Act. Respondent No. 3 is a Body constituted under Section 7 of the M
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
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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.
Admissions in educational institutions must strictly adhere to centralized counselling processes as mandated by precedents to maintain fairness and transparency in selections.
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Regulations governing medical admissions require adherence to common counselling processes; failure to consider due process and fair opportunity to institutions harms student rights.
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....
The main legal point established in the judgment is the importance of strict adherence to the admission schedule prescribed by the Medical Council of India's Regulations 2000 and the principle of mer....
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.
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