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SANJEEV NARULA
Khundongbam Chetan – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(Sanjeev Narula, J.)
1. The Petitioner [Dr. Khundongbam Chetan], a registered medical practitioner has qualified NEET-PG 2021 examination with All India Quota rank of 28858. Aspiring to get admission in the six-year post-MBBS direct DrNB course in Plastic and Reconstructive Surgery at Respondent No. 4- Institute [Shija Hospitals & Research Institute Pvt Ltd.], he opted for a seat at Respondent No.4-Institute for the said course in all rounds of counselling but, was the same not allotted to him. He contends that another candidate, with a higher rank, kept the seat blocked in the first as well as second round of counselling, but eventually never joined the said course, and consequently the seat fell vacant on 04th March, 2022. In the afore-noted background, the Petitioner, inter-alia, contends that the vacant seat should be allotted to him or put up for a fresh round of counselling, failing which it would go waste.
2. Mr. Abhijit Mani Tripathi, counsel for the Petitioner, submits that common counselling for admission to PG courses was to be conducted (including DNB/ DrNB course), offered by Respondent No. 4-Institute, approved by Respondent No. 2 [National Board of Examinat
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....
Technical glitches in online portals cannot justify leaving seats vacant, and courts can direct special measures to fill such vacancies.
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.
Strict adherence to the time schedule for admission to Super Speciality courses is imperative, and conducting special counselling after the deadline is impermissible.
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
Vacancy is created either because of non-allocation of seat or candidate not taking admission on allocated seat.
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.
Merit-cum-preference criteria govern admissions; established procedures must be followed without reopening processes post-allocation.
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