SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



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




Candidates cannot claim rights based on erroneous admissions due to technical glitches; corrective measures taken by authorities to maintain fairness are valid.

Headnote:(A) Admission Process - Principles of Equity and Fairness - Cancellation of provisional allotment due to technical glitch resulting in erroneous allocation of seats. Court found that candidates were incorrectly admitted due to a system error and emphasized that no rights are vested based on inadvertent errors. (Paras 8, 9, 10)

(B) Technical Glitch - The Court ruled that admissions declared null due to a technical error are justifiable as a corrective measure to prevent merit violation. The cancellation did not deprive candidates of vested rights. (Paras 9, 10)

Facts of the case:
Petitioners, having qualifying ranks, were admitted to the BDS course based on erroneous seat allocation owing to a technical glitch. Following the recognition of the glitch, the Medical Counselling Committee declared these admissions null and void, prompting the Petitioners to challenge this decision.

Findings of Court:
The technical error leading to erroneous allocations was substantiated, and the court found the corrective actions taken to be reasonable and lawful, dismissing the petitions.

Issues: The main issues included whether a right was vested in the Petitioners due to erroneous admission and the legality of cancelling the allotments due to a technical glitch.

Ratio Decidendi: The Court concluded that no candidate is entitled to benefit from an inadvertent error in allocation, with the cancellation ruling deemed necessary to uphold merit and fairness in admissions.

Result: Petitions dismissed.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top