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, are entitled to admission in the same year by directing to increase the seats, however, it should not be more than one or two seats and such admissions can be ordered within a reasonable time, i.e., within one month from 30th September, i.e., cut off date and under no circumstances, the Court shall order any Admission in the same year beyond 30th October.

ORDER :

Ashok Kumar Gaur, J.

1. The instant writ petition has been filed by petitioner for seeking direction to give him admission in the MBBS Course in Government Medical College. The petitioner further challenges denial of his admission to allot a seat to be arbitrary and illegal and accordingly, direction is sought against the respondents for considering the case of the petitioner for allotment of seat on the basis of his educational qualification in the second round of counselling for the purpose of admission in MBBS Course.

2. The brief facts of the case are that the petitioner participated in the admission process for MBBS and BDS Course by appearing in the National Eligibility-cum-Entrance Test (UG), 2020, conducted by the National Testing Agency (NTA). The petitioner claims himself to be fully eligible and in possession of the requisite qualification and secured NEET All India Rank at 87182 by securing 499 marks (percentile 93.5709828) and in Scheduled Caste Category, secured Category Rank at 3641.

3. The petitioner has pleaded that after declaration of the result, Information Booklet for NEET UG 2020 for the purpose of counselling for admission to State Quota, seats was issued. The petitioner got himself registered for counselling under All India as well as State Quota and he was first considered for allotment of seat in Government Medical College but he was later denied allotment of any seat in-spite of his merit on the ground of having studied Biology, as an additional subject in Senior Secondary Examination.

4. The petitioner has pleaded in his petition that a Notification dated 22.01.2018 was issued by the Medical Council of India and amendments were made in the Regulations of Graduate Medical Education, 1997 and certain categories of students were excluded and in particular those who had studied Biology as an additional subject at or after Class 12 level, were all barred from applying for NEET 2018.

5. The petitioner has pleaded that those candidates who were aggrieved by such amendments, approached the Delhi High Court by way of filing Writ Petition (Civil) No. 6773/2018 [Tanishq Gangwar & Ors. Vs. Union of India & Ors.] and the said writ petition was allowed by the Delhi High Court vide order dated 17.08.2018.

6. The petitioner has further pleaded that he passed Senior Secondary Examination with Mathematics in the year 2017 and thereafter in the year 2018 he passed the additional subject of Biology and the practical examination as well and as such, he was eligible having Biology as an additional subject.

7. The petitioner has pleaded in his petition that on the basis of the judgment dated 17.08.2018 passed by the Delhi High Court in the case of Tanishq Gangwar, S.B. Civil Writ Petition No. 18546/2018 [Suraj Bansal Vs. Union of India & Ors.] was also filed before this Court and this Court allowed the benefit of admission to the candidate on the basis of qualification of Senior Secondary with Biology as an additional subject.

8. The petitioner has further pleaded that Information Booklet, which was published by the respondents, specifically provided that the candidates who have studied Biology as an additional subject, shall be allowed to appear in the counselling, subject to outcome of the SLP preferred against the judgment dated 17.08.2018. The petitioner has pleaded that in-spite of fulfilling the requisite eligibility and having secured high rank in merit, in Scheduled Caste Category, he was not granted admission and has been declared ineligible without any justification.

9. Mr. Manish Parihar, counsel for the petitioner has made following submissions:-

9A. The Information Booklet clearly made a reference of verdict passed by the Delhi High Court in the case of Tanishq Gangwar and pendency of SLP before the Apex Court and as such, the candidates who studied Biology as an additional subject in Senior Secondary Examination were eligible, subject to outcome of the pending SLP before the Apex Court. Thus, the respondents ha