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2022 Supreme(Del) 2159

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA, J.
Huda Ansari & Anr. – Appellant
Versus
Jamia Millia Islamia & Anr. - Respondents
W.P.(C) 5017 of 2022 & CMAPPL. 14941 of 2022, W.P.(C) 5329 of 2022 & CMAPPL. 15906 of 2022
Decided on : 06-07-2022

Advocate Appeared:
For the Appellant :Mr. Tariq Adeeb and Mr. Shoaib Haider, Advocates.
For the Respondent:Mr. Ajay Digpaul, CGSC with Mr. Kamal Digpaul and Ms. Swati Kwatra, Mr. Pritish Sabharwal, Standing Counsel with Mr. Sanjeet Kumar, Mr. Syed Abdul Haseeb, Mr. Tanvir Zaki, Advocates

Rectification measures can be taken to correct technical glitches in the admission process, and candidates are not entitled to benefit from inadvertent errors.

Headnote:

NEET-PG - Admission Dispute - UG 2021 Counselling - Technical Glitch - [NEET-PG] - [Admission Dispute] - [U-11011/09/2021-MEC, RTI dated 15.03.2022] - The court discussed the technical glitch in the UG 2021 counselling process and the subsequent rectification measures taken by the authorities. It highlighted the last cut-off AIR ranks for admission and concluded that the cancellation of the seats allotted to the petitioners was a rectification measure, and no violation of merit or admission standards had been done.

Fact of the Case:

Petitioners appeared for NEET-PG examination and were selected for admission in BDS course in Respondent No. 1 college. However, a technical glitch led to the cancellation of their admissions, and subsequent attempts to secure a seat were unsuccessful. The petitioners approached the court seeking relief.

Finding of the Court:

The court found that the cancellation of the seats allotted to the petitioners was a rectification measure, and no violation of merit or admission standards had been done. The petitioners were not entitled to a seat in BDS course in Respondent No. 1 college based on merit.

Issues: Dispute over the cancellation of admissions due to a technical glitch, petitioners' entitlement to the originally allotted seats, and the rectification measures taken by the authorities.

Ratio Decidendi: The court concluded that the cancellation of the seats allotted to the petitioners was a rectification measure, and no violation of merit or admission standards had been done. The petitioners were not entitled to a seat in BDS course in Respondent No. 1 college based on merit.

Final Decision: Both the petitions were dismissed, and all pending applications were also disposed of.

JUDGMENT :

SANJEEV NARULA, J.

1. Considering the fact that the above-captioned petitions raise identical grounds of challenge, arising out of similar facts, the same are being disposed of vide a common order. As the prayers sought are also identical, for the sake of reference, the prayer clause from W.P.(C) 5017/2022 is extracted hereinbelow:

    “a) Pass an order or direction to the respondent to set aside the notice/order dated: 16.03.2022 and 17.03.2022 issued by the respondent no. 1 and 2 respectively;

b) Pass an order or direction to stay the order/notice dated 16.03.2022 and 17.03.2022 issued by the respondent no. 1 & 2;

c) Pass an order or direction to the respondent no. 1 & 2 to lock the seats of the petitioners in the BDS allotted to them vide provisional allotment letter dated 02.02.2022 till the pendency of the case; and

d) Pass any other and/or further relief to the Petitioner, as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

2. Briefly stated, Petitioners No. 1 and 2 viz. Huda Ansari and Noora Khalid, respectively in W.P.(C) 5017/2022, and Petitioner – Shabnam Yasmin in W.P.(C) 5329/2022 appeared for National Eligibility Entrance Test UG (“NEET-PG”) examination held in 2021. The All-India Ranks ("AIR”) of the Petitioners are: (a) Huda Ansari – 408869; (b) Noora Khalid – 352153 and (c) Shabnam Yasmin – 160367.

3. After the declaration of ranks, Petitioners applied for admission in Bachelor of Dental Surgery ("BDS”) course in Respondent No. 1 – Jamia Milia Islamia. Admittedly, all the Petitioners were declared to be successful candidates in the first round of counselling and were selected for admission in Respondent No. 1 college vide publication dated 1st February, 2022. Pursuant thereto, an allotment letter was also issued to all of them.

4. On the strength of such allotment, Petitioners reported for, and duly completed the admission process by submitting the academic fee. Much to their dismay, a notice bearing no. U-11011/09/2021-MEC dated 16th March, 2022 was issued by the Medical Counselling Committee (“MCC”) for Respondent No. 1 declaring the admissions made in Round 1 and Round 2 of UG 2021 counselling for BDS course in Respondent No. 1 college, as null and void on account of technical glitch in their system. Pursuant thereto, Respondent No. 1 college also set aside the admissions made erroneously vide notice dated 17th March, 2022.

5. The afore-noted notice is the subject matter of challenge in the present petition, and the same is extracted hereinbelow:

    “Ref. U-11011/09/2021-MEC Dated: 16-03-2022

NOTICE

Kind Attention Candidates:

This is to inform all the candidates who have joined Faculty of Dentistry, Jamia Milia Islamia, New Delhi in NEET-UG 2021 counselling that allotments made to the candidates in Round-1 & in Round-2 of UG 2021 Counselling in Faculty of Dentistry, Jamia Milia Islamia, New Delhi is hereby declared to be null and void as the said allotment was made erroneous due to technical glitch.

The Competent Authorities decided that fresh allotment will be made for Mop-up Round of UG 2021. However, already admitted candidates in Round -1 & 2 UG counselling 2021 will be allowed for Choice filling in Mop-up Round & fees for already admitted candidates will be adjusted during admission process by the College Authority if re-allotted. The Candidates who will be excluded as per fresh allotment fees of such candidates will be refunded by College Authority.

This notice is only in reference to the allotment made for BDS seats in Faculty of Dentistry, Jamia Milia Islamia, New Delhi UG-2021 Counselling & allotment made in other participating colleges remains the same.

This issues with approval of competent Authority.

Notice posted on: 16-03-2022”

6. In terms of the said notification, a Mop-up counselling round was conducted; Petitioners participated therein, but did not succeed in getting a seat in Respondent No. 1 college. Subsequently, they raised certain objections to the provisional list of se

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