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PURUSHAINDRA KUMAR KAURAV
Bhairavi Jha, D/o. Binod Kumar Jha – Appellant
Versus
Director, All India Institute Of Medical Sciences (AIIMS) Ansari Nagar, New Delhi – Respondent
JUDGMENT :
[Purushaindra Kumar Kaurav, J.]
1. The petitioner in the instant petition, filed under Article 226 of the Constitution of India, is seeking directions for allotment of Super Specialty seat in 'Plastic and Reconstructive Surgery' at AIIMS New Delhi as per the result dated 11.01.2023 of the second round of online seat allocation by respondent Nos.1 to 4-AIIMS. The petitioner also seeks for the quashment of Corrigendum No.02/2023 dated 20.01.2023, issued by respondent Nos.1 to 4-AIIMS, whereby her allotment of seat has been cancelled.
2. The case of the petitioner is that the petitioner is a resident doctor at AIIMS, Rishikesh. She appeared for the Institute of National Importance Super Specialty Entrance Examination (INI-SS) for admission to the Master of Chirurgiae (M.Ch.) course, January, 2023 Session, in subject 'Plastic and Reconstructive Surgery'. Her preferred choice was AIIMS at New Delhi in the concerned course. She secured rank 5 in the concerned course in AIIMS Merit List vide notification No. 197/2022 dated 01.12.2022. According to her, in the Second Online Seat A
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 upheld the principle of merit-cum-choice in admissions, confirming that procedural fairness is essential when rectifying errors in provisional seat allotment results.
The allocation of reserved seats must follow institutional policies ensuring compliance with relevant laws, without arbitrary conversion of categories.
A procedural mistake by a student may be excused when it risks depriving a meritorious candidate of their admission, emphasizing the importance of justice over strict adherence to rules.
A candidate's initial acceptance of admission can be revoked before the joining deadline, preserving their eligibility for future vacancies.
Rectification measures can be taken to correct technical glitches in the admission process, and candidates are not entitled to benefit from inadvertent errors.
Admissions to medical colleges must be based on merit and conducted through authorized counseling, and any admission contrary to the mandatory provisions cannot be approved.
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