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DELHI HIGH COURT
SANJEEV NARULA
Khundongbam Chetan (Dr.) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. vacant seat should be allotted if blocked seat becomes available. (Para 1) |
| 2. counseling conducted as per due process for allocation of pg seats. (Para 2 , 3) |
| 3. arguments based on supreme court judgments regarding seat allocation. (Para 4 , 5) |
| 4. petitioner's claim to a vacant seat is not legally supported. (Para 6 , 7 , 8 , 10) |
| 5. vacancy rules applied in accordance with established guidelines. (Para 9) |
| 6. clarifications on resignation rules and their implications. (Para 11 , 12) |
| 7. court determined no merit in the petitioner's claims. (Para 13 , 14) |
| 8. altering established admission processes creates unwarranted complications. (Para 15) |
| 9. court dismisses petition due to lack of merit. (Para 16) |
JUDGMENT
Sanjeev Narula, J. (Oral)--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 t
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 ....
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.
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
Strict adherence to the time schedule for admission to Super Speciality courses is imperative, and conducting special counselling after the deadline is impermissible.
The main legal point established in the judgment is the necessity to uphold the integrity and efficiency of the educational admission system, precluding measures that would induce extensive delays an....
Vacancy is created either because of non-allocation of seat or candidate not taking admission on allocated seat.
Merit-cum-preference criteria govern admissions; established procedures must be followed without reopening processes post-allocation.
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