IN THE HIGH COURT OF DELHI AT NEW DELHI
Rajiv Sahai Endlaw, Sanjeev Narula, JJ.
Pratyaksha Singh - Appellant
Versus
Directorate General Of Health Services Union Of India & Ors. - Respondents
L.P.A. No. 46 of 2021; C.M. No. 3582 of 2021
Decided On : 12-02-2021
Admission - MBBS Course - NEET UG 2020 - Reservation for Armed Forces Personnel - Faulty University Portal - Delay in Seeking Remedies
Fact of the Case:
The appellant sought admission in the MBBS course at the University of Delhi under the Armed Forces quota but was deprived of admission due to a defect in the university's portal. The appellant filed a writ petition seeking admission for the Academic Year 2020-21.
Finding of the Court:
The Single Judge held that the appellant was deprived of admission due to the faulty university portal but found the appellant to be not diligent in seeking remedies, leading to the dismissal of the writ petition. The appellant appealed against this finding.
Issues: The main issue was whether the appellant's delay in seeking remedies for the admission deprivation due to the faulty university portal warranted relief.
Ratio Decidendi: The court found that the appellant's delay in seeking remedies, despite being aware of the admission process and the faulty portal, was a crucial factor in denying relief. The court emphasized the importance of prompt action in seeking remedies in such cases.
Final Decision: The court dismissed the appeal, upholding the Single Judge's finding that the appellant's lack of diligence in seeking remedies precluded the grant of relief for admission.
JUDGMENT
Rajiv Sahai Endlaw, J. - The appeal impugns the judgment dated 14th January, 2021 of dismissal of W.P.(C) No.10398/2020 preferred by the appellant, seeking admission in the MBBS course in one of the colleges of the respondent no.4 University of Delhi (University), in the Academic Year 2020-21.
2. The appeal came up first before this Court on 1st February, 2021 and thereafter before us on 5th February, 2021, when finding the counsels for the respondents to be appearing on advance notice and on being informed that the last date for admission stood extended, we, without prejudice to the rights and contentions of the parties, requested the counsel for the University to check whether any of the seats in any of the medical colleges in Delhi had since fallen vacant, for the reason of the incumbent having not joined or for any other reason; the matter accordingly was adjourned to 9th February, 2021. On 9th February, 2021, it was informed that though two of the seats were vacant but had been reserved for admission of students from the Ladakh region and were not for the category in which the appellant was seeking admission; after hearing the counsels to some extent, the hearing was adjourned to today. We have further heard the counsels today. We have further been informed that today is the last date for admission in the MBBS course of the colleges of University.
3. The case, as set up by the appellant in the writ petition, was/is (i) that the father of the appellant, an Indian Police Service Officer, on 3rd July, 2007 was awarded Police Medal for Gallantry, on 2nd July, 2008 was awarded the 1st Bar to Police Medal for Gallantry and on 16th December, 2009 was awarded the 2nd Bar to Police Medal for Gallantry; (ii) that in view of the same, on 13th May, 2019, the Ministry of Home Affairs, Union of India issued a Educational Concession Certificate certifying that the appellant was eligible for educational concession for admission in the University against the Armed Forces quota, under Priority-V; (iii) that the appellant appeared in the National Eligibility-Cum-Entrance Test UG (NEET) of the year 2020 and on declaration of result thereof on 16th October, 2020, the "Counselling Scheme and FAQs for NEET Under-Graduate Courses (MBBS/BDS) 2020-21" (the Scheme) was published by the respondent no. 1 Directorate General of Health Services; (iv) that the said scheme provided for reservation for CW candidates i.e. children/widows of the personnel of Armed Forces; (v) that around the same time, the Bulletin of Information for Admission to Undergraduate Courses (2020-21) was published by the Faculty of Medical Sciences (FMS) of the University, for NEET (UG-2020) and which provided for reservation for the Armed Forces personnel, more particularly for wards of serving/Ex-servicemen including personnel of police forces who are in receipt of the Gallantry Awards falling in Priority-V (x), in which the appellant falls; (vi) that the appellant qualified NEET-UG with total Percentile Score of 74.4041997; (vii) that the FMS, University issued a notice dated 19th October, 2020 requiring the candidates to submit, the documents relating to CW concession/entitlement, on the portal of the University or by visiting the website of FMS, wherein the provisions were made only for Defence and Para Military categories and which were contrary to the Bulletin of Information of FMS; (viii) that on 22nd October, 2020, when the appellant attempted to upload her documents, there were only 'Defence' and 'Para Military' categories mentioned at the bottom of the form and the appellant was required to click on either of the two categories; there was no mention of 'Police Personnel'; and, (ix) this led to a situation wherein a person from Priority-VI was able to avail benefit, but not the appellant, falling under Priority-V(x).
4. Contending that the appellant was deprived from admission due to the defect/fault in the portal for registration of the University, the writ petiti
The case established the principle that prompt and diligent action in seeking remedies is crucial in admission-related matters, especially when faced with a defective process.
A candidate seeking admission must demonstrate diligence in pursuing remedies to secure relief; failure to do so, even in light of procedural issues, results in denial of admission rights.
The court confirmed that compliance with admission deadlines is essential and a student’s error in submitting documents does not warrant judicial intervention in academic policies.
Grant of admission - In exceptional cases, admission may be granted to a meritorious candidate even one month after the cut-off date for medical admissions.
The court emphasized the need for administrative flexibility in educational admissions, stating a minor error should not lead to denial of opportunities. Timely rectification of the error weighed hea....
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....
Point of law: Occasion to consider the nature of relief that can be granted to a student after the last date of admissions in case it was found that the said candidate was denied admission illegally.
Merit and entitlement for seat allocation in educational institutions depend on adherence to procedural norms, alongside validation of certificates; mere claims of wrongdoing by the institution do no....
The Court found that unfilled seats in reserved categories cannot be transferred to unreserved category candidates, upholding the admission policies of the University.
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