IN THE HIGH COURT OF DELHI
Sanjeev Narula, J.
Huda Ansari - Appellant
Versus
Jamia Millia Islamia - Respondent
W.P.(C) 5017 of 2022 & CM Appl. 14941 of 2022 and W.P.(C) 5329 of 2022 & CM Appl. 15906 of 2022
Decided On : 06-07-2022
JUDGMENT
Sanjeev Narula, J. (Oral)--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;a
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 th
Candidates cannot claim rights based on erroneous admissions due to technical glitches; corrective measures taken by authorities to maintain fairness are valid.
Rectification measures can be taken to correct technical glitches in the admission process, and candidates are not entitled to benefit from inadvertent errors.
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 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 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 main legal point established in the judgment is the application of the 'merit cum preference' principle for seat allotment, as well as the interpretation and application of Rule 17 of the Jammu a....
Vacancy is created either because of non-allocation of seat or candidate not taking admission on allocated seat.
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.
The main legal point established in the judgment is the importance of merit and fair procedure in completing admissions to medical courses, and the entitlement of a wrongfully denied student to compe....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.