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SAMEER JAIN
Kanchan Kumawat Daughter of Shri Krishan Gopal Kumawat – Appellant
Versus
Union of India, Department of Higher Education, Ministry of Education, Govt. Secretariat, New Delhi, Through Its Secretary – Respondent
JUDGMENT :
Sameer Jain, J.
1. Considering the identical issue of facts and law involved, the instant petitions were clubbed together and S.B. Civil Writ Petition No. 17069 of 2024 titled as Kanchan Kumawat Vs. Union of India and ors. was taken as the lead file. For the sake of expediency and handiness the instant petitions are adjudicated by way of this judgment and the same shall be made applicable mutatis mutandis upon the petitions.
2. The germane facts for consideration of the instant matter is that the respondent-NTA had issued a public notice dated 09.02.2024 (Annexure-1) inviting applications from PAN India candidates, for NEET-UG, Examination, 2024. The petitioners with high aspirations and upon attaining/possessing requisite eligibility appeared in the said examination. Successively, after conducting the general counseling, vide notification dated 23.10.2024, the respondents issued information (in continuation of the erstwhile notification) for a Stray Vacancy Round allotment process for MBBS and BDS courses (Annexure-7). Consequentially, the petitioners were called for document verification process which was scheduled to be conducted on 28.10.2024, 09.00 AM to 12.00 Noon.
3.
Merit must be the exclusive criterion for admission, and technicalities should not bar deserving candidates.
The court upheld the merit-based admission process while emphasizing the importance of procedural compliance by candidates.
The main legal point established in the judgment is that the merit of the petitioner should have been the sole criteria for filling up the 4 reverted seats from the All India Quota, as per the Regula....
The importance of merit in the selection process and the discretion of the authorities in considering objections within the ongoing selection process.
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....
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 ruled that candidates must adhere to the selection process terms, and failure to appear for document verification despite multiple opportunities negates any claim for relief.
The main legal point established in the judgment is the application of the 'merit cum preference' principle for seat allotment, as well as the interpretation and application of Rule 17 of the Jammu a....
Point of law: Occasion to consider the nature of relief that can be granted to a student after the last date of admissions in case it was found that the said candidate was denied admission illegally.
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