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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
Nikhil Kumar, Son of Sri Jitendra Kumar Singh - Petitioner
Versus
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna – Respondent
Civil Writ Jurisdiction Case No.3712 of 2025
Decided on : 13-10-2025
| Table of Content |
|---|
| 1. petitioner qualified for counselling but faced procedural dismissal. (Para 2 , 3 , 4) |
| 2. petitioner argues fresher choice filling for candidates violates rules. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. bcece board's actions justified by fair opportunities to all candidates. (Para 11 , 12 , 13 , 14) |
| 4. court emphasizes procedural fairness over provisional allotment. (Para 15 , 16 , 17 , 18) |
| 5. court clarifies no breach of rules by authorities; precedent cases evaluated. (Para 19 , 20 , 21 , 22) |
| 6. final assessment upholds procedural decisions; petition dismissed. (Para 23) |
JUDGMENT :
HARISH KUMAR, J.
1. Heard the parties.
2. The petitioner having completed his MBBS Degree in the year 2020 from the Indira Gandhi Institute of Medical Science, Patna has completed his internship in the year 2021. Being eligible for Post-Graduate Medical Admission, the petitioner appeared in NEET(PG)-2024 and qualified for PGMAC-2024 counselling. Accordingly, he filled up online application form for attending Post Graduate Medical Admission Counselling for admission to MD/MS/PG Diploma/DNB (Degree/Diploma) Courses in Government Medical Colleges for the Session 2024. The petitioner participated in all the three rounds of counselling but no seat was allotted to him. After third round of counselling, some of the seats remained vacant and thus for filling up those vacant seats, Bihar Combined Entrance Competitive Examination Board (for short ‘the BCECE Board’) published Notice for Stray Vacancy Round Online Counselling vide Advt. No.BCECEB (PGMAC)-2024/20 and 2024/21 dated 20.02.2025.
3. The petitioner, being eligible for Stray Vacancy Round Online Counselling got his registration done. Last date for willingness and online registration-cum-choice filling for seat allotment was 23.02.2025. The seat matrix for vacant seats was published on website and as per the seat matrix, candidates have to fill choice seat. The counselling having been carried as per the scheduled on 25.02.2025, the BCECE Board published advertisement no.BCECEB(PGMAC)-2024/22 and provisional seat allotment result of Stray Vacancy Round Counselling was published. The petitioner was allotted Psychiatry at Patna Medical College. However, after publication of the provisional seat allotment result on 25.02.2025, all of a sudden on 26.02.2025, the BCECE Board published fresh advertisement no. BCECEB(PGMAC)-2024-23 and thereby allowed fresh registration and change in choices.
4. Aggrieved with the action of the respondent authorities, the petitioner has preferred the present writ petition seeking quashing of the advertisement no.BCECEB(PGMAC)- 2024/23 dated 26.02.2025, under which the BCECE Board allowed modification in filled choices for seat allotment in Stray Vacancy Round Counselling, which provisional seat allotment result has already been published on 25.02.2025. The petitioner also sought a direction upon the respondents not to allow fresh online registration-cum-choice filling for already closed Stray Vacancy Round Online Counselling vide advertisement no.BCECEB(PGMAC)-2024/20 and 2024/21 dated 20.02.2025, and further the respondent be directed to publish the final seat allotment result/allotment order on the basis of provisional allotment result dated 25.02.2025.
5. Mr. Mrigank Mauli, learned Senior Advocate for the petitioner while assailing the impugned advertisement dated 26.02.2025 has primarily taken this Court through the advertisement no.2024/20 dated 20.02.2025 and contended that once a candidate has already submitted his choice within the locking period, the candidate will not be permitted to modify choices after locking. The candidate who will be allotted seat in Stray Vacancy Round Online Counselling will be treated as admitted and if he/she does not take admission on allotted seat of Stray Vacancy Round or his/her seat get cancelled, the security deposit amount will be forfeited as well as he/she will not be eligible for further round of counselling. The advertisement clea
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.
The admissions of the petitioners were declared unsustainable and in violation of Article 14 of the Constitution of India. They were directed to participate in the special stray vacancy round of coun....
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 the application of the 'merit cum preference' principle for seat allotment, as well as the interpretation and application of Rule 17 of the Jammu a....
The main legal point established in the judgment is the importance of preserving merit in the admission process for Post-Graduate Medical Courses, despite deviations from the admission rules and the ....
The main legal point established in the judgment is the obligation of the Karnataka Education Authority to ensure fair and transparent methods of seat allotment, and the illegality of allotting seats....
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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