Misrepresentation in the application form regarding eligibility for admission can lead to the cancellation of provisional admission, and equity or sympathy cannot override statutory rules for admission.

JUDGMENT :

Vijay Bishnoi, J.

1. This writ petition is filed by the petitioner seeking the following reliefs:

"It is, therefore, most humbly and respectfully prayed that the writ petition filed by the petitioner may kindly be allowed and by an appropriate writ, order or direction:-

1) That letter dated 22/01/2022 (annexure No. 10) issued by the respondent No. 4, shall be quashed and set-aside.

2) That respondents may kindly be directed to allow petitioner to continue her studies for M.Sci (Med) Biochemistry course 2020-21 at S.N. Medical College and Associated Group of Hospitals, Jodhpur.

3) That any other appropriate order or direction by which this Hon'ble court considers must and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.

4) Costs the writ petition may kindly be awarded to the petitioner."

2. Brief facts of the case are that pursuant to the Notification dated 3.8.2021 issued by the respondent No. 2 - the Convenor, Rajasthan University of Health Sciences, M.Sc.(Med.) Entrance Examination, 2020, the petitioner has submitted her application form and she was permitted to appear in the M.Sc.(Med) Entrance Examination, 2020. The entrance test was conducted on 7.8.2021 and the petitioner has passed the aforesaid entrance test. Thereafter, respondent No. 3 - the Chairman, M.Sc.(Med.) Counseling Board, Academic Session 2020-21, Rajasthan University of Health Sciences, Jaipur has issued a provisional allotment letter in favour of the petitioner on 18.9.2021 and she was asked to report at Dr. S.N. Medical College, Jodhpur between 17.9.2021 to 24.9.2021. Pursuant to that, the petitioner had reported at Dr. S.N. Medical College, Jodhpur and she was granted admission, however, her admission was cancelled by respondent No. 4 - the Principal and Controller, Dr. S.N. Medical College and Associated Group of Hospitals, Jodhpur vide order dated 22.1.2022 for the reason that petitioner is not meeting the eligibility criteria for admission in the M.Sc.(Med.) Biochemistry Course, 2020-21.

3. Being aggrieved with the same, the petitioner has filed this writ petition seeking the reliefs, which are quoted in the earlier part of this order.

4. Learned counsel for the petitioner has submitted that action of the respondent No. 4 of cancelling admission of the petitioner vide impugned order dated 22.1.2022 is absolutely illegal, arbitrary and against the principles of natural justice. It is further submitted that the petitioner, in her application form (Annex.2), has given all the information and taking into consideration the same, she was allowed to appear in the entrance test. It is also submitted that the petitioner cleared the entrance test and on being figured in the merit list, she was given admission in the respondent - medical college and she had undergone studies for about three months. Learned counsel has argued that there is no fault on the part of the petitioner as she had disclosed all the information about her and after considering the same, she was provided admission in the respondent - medical college. It is further argued that there was no misrepresentation on the part of the petitioner and even if it is assumed that the petitioner was not having eligibility for admission in the M.Sc.(Med.) Course, her admission cannot be cancelled as she has not got admission on the basis of any misrepresentation.

5. Learned counsel for the petitioner has submitted that the Hon'ble Supreme Court, this Hon'ble Court and various High Courts in catena of decisions have held that once admission is granted to a student in any course, the same cannot be cancelled.

6. Learned counsel for the petitioner has placed reliance on the decisions of the Hon'ble Supreme Court in the case of Rajendra Prasad Mathur v. Karnataka University and Another & Vijay Kumar Sharma v. Karnataka University and Another, report