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DINESH MEHTA
Nemichand Godara – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. The petitioners have approached this Court with assertions that after completion of second round of counselling, they were offered admission by the respondent college (respondent No.4), in furtherance whereof they have deposited their applicable fee on 08.12.2018 with the respondent-college, whereafter they have been pursuing their course - Diploma in Ayush Nursing.
2. According to the petitioners, despite having submitted their application forms and requisite fee for the examination, the respondent-University did not issue them admit card, then they enquired in the matter and learnt that there is some confusion between the respondent No.4 - college and the respondent No.3 - University relating to their admission, for which, their admissions to the course are not being considered valid by the University.
3. On 24.03.2021, a Co-ordinate Bench of this Court has granted interim order in petitioners' favour and permitted them to provisionally take part in the examination.
4. Ms. Sumitra Singaria, learned counsel for the petitioners submitted that the petitioners were given admission in place of 10 students out of total 40 students, who were given admission by the counselling Bo
Colleges must obtain proper authorization from the relevant university before admitting students; unauthorized admissions can lead to penalties.
The court emphasized that students should not be penalized for administrative errors by educational institutions, allowing regularization of admissions on equitable grounds.
The court established that institutions must seek prior approval for admissions beyond the prescribed quota, but students may have legitimate expectations based on past practices.
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 court ruled that fraudulent admissions invalidate eligibility, despite procedural errors by the University, emphasizing the need for transparency and adherence to cut-off criteria.
Admissions to postgraduate medical courses must comply with established counseling regulations; deviations render them illegal and unregularizable.
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