IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Aniruddha P. Mayee, J.
Nisha Maganbhai Miyatra – Appellant
Versus
State Of Gujarat – Respondent
Special Civil Application No. 9557 of 2022
Decided On : 05-09-2022
Constitution of India, 1950 – Article 226 – Appeal – Writ petition has been filed praying for reliefs –Held, In view of mentioned findings of this Court, judgments relied upon by learned counsel for petitioner will not be of any aid to petitioner since basic criteria for entitlement to relief is that there should be no fault of candidate claiming such a relief and hence are not dealt with separately, adjudication of alternative prayer of petitioner will also not arise – Writ petition dismissed.
JUDGMENT :
1. The present writ petition has been filed praying for the following reliefs:-
AA. Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ order or direction in the nature of mandamus directing the respondent authorities to consider the case of the petitioner for giving admission either in M.D.Paediatric course or M.D.Gynaecology course as per the availability of the seats or in any other upgraded course where seats are available with the authority.
(B) Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased to direct the respondent no.2 to make the arrangement of the provisional admission of the petitioner for the academic year 2021-2022 in the course allotted to her i.e. MD Paediatrics in respondent no.3 college with immediate effect."
2. The brief facts leading to the filing of the present writ petition are as follows:
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.
Meritorious candidates who have pursued their legal right expeditiously without delay and have been denied admission to MBBS Course illegally or irrationally by the authorities for no fault of theirs....
A candidate's initial acceptance of admission can be revoked before the joining deadline, preserving their eligibility for future vacancies.
Grant of admission - In exceptional cases, admission may be granted to a meritorious candidate even one month after the cut-off date for medical admissions.
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 court emphasized the need for administrative flexibility in educational admissions, stating a minor error should not lead to denial of opportunities. Timely rectification of the error weighed hea....
The main legal point established in the judgment is that the admission of students to the MBBS course must adhere to the proper procedure for filling vacant seats as per the judgment of the Apex Cour....
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