BIBEK CHAUDHURI
Arup Mohanta – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Bibek Chaudhuri, J. - Affidavit-of-service be kept with the record.
2. The petitioner obtained his post graduate degree in M.S (General Surgery) in the year 2020, subsequently he was qualified for the West Bengal Medical Education Service in the same year and on being selected, he joined as demonstrator/tutor in the department of Urology and Medical Teaching Institution in IPGME&R, Kolkata on and from 15th February, 2021. While working as such, the petitioner also appeared in National Eligibility Cum Entrance Test- Super Speciality (NEET-SS in Short), 2021 for admission to MCH Course preferably in Urology as a first choice and Neuro Sugery as second choice. He passed NEET -SS examination securing merit position 455. As the petitioner has been working under three years bond applicable in the State of West Bengal after passing NEET-PG examination and thereafter MS Surgery, the petitioner did not take part in counseling process for M.Ch course after being qualified in NEET -SS , the reason being that the IPGME&R, Kolkata has only 18 seats in the department of Urology for MCH. The petitioner after going through merit list and the vacancy position came to know that it would not b
The denial of admission to a meritorious candidate for no fault of his own would be a denial of justice, and in exceptional cases, the court can grant exceptional relief to the candidate by granting ....
Strict adherence to the time schedule for admission to Super Speciality courses is imperative, and conducting special counselling after the deadline is impermissible.
No legal right vested in the petitioner for allocation of vacant seat, as admission processes are bound by established counseling protocols, reflecting the principle of no fault leading to no prejudi....
The judgment emphasizes the importance of adhering to the rules and timelines set in the counselling process, the need to avoid disrupting settled admission processes, and the lack of a vested right ....
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.
Strict adherence to admission timelines is mandatory, and deviations are impermissible as per Supreme Court directives.
Technical glitches in online portals cannot justify leaving seats vacant, and courts can direct special measures to fill such vacancies.
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
Meritorious candidates who have pursued their legal right expeditiously without delay and have been denied admission to MBBS Course illegally or irrationally by the authorities for no fault of theirs....
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