IMPORTANT POINT
Merit must be the exclusive criterion for admission, and technicalities should not bar deserving candidates.

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. In this backdrop, learned counsel appearing for the petitioners have averred that it is undisputed that the petitioners are higher in merit than the respondent nos. 5 and 6. It was further contended that at the time of document verification in the Stray Vacancy Round, the petitioners appeared before the officials/subordinate employees of the respondents and have furnished the documents (Class X and XII mark-sheets, Domicile Certificate, Transfer Certificate and Caste Certificate etc.). Nonetheless, a subordinate employee of the respondents during the said document verification session had asked the petitioner-candidates, to furnish an affidavit, as the subject ‘Biology’ was not mentioned in the XI Class mark-sheets submitted by the petitioners. Howsoever, the petitioners had duly informed the said authority that they were promoted from Class XI to Class XII amidst COVID-19 pandemic situation moreover, the same was made applicable to all the students enrolled for that academic year as directed by the Central and State Government.

4. Learned counsel had further apprised the Court with the fact that the petitioner had submitted an affidavit dated 28.10.2024 (Annexure-10) along with the bond for MBBS/BDS allotment (Annexure-11) as directed, by the respondents. Moreover, in the Provisional Combined Merit List (Revised) released by the respondents, the name of the petitioner (in the lead file) was reflected at (State Merit) serial no. 3647 [OBC (NCL) category] (Annexure-12). Subsequently, Provisional Combined Allotment list for College allotment was released by the respondents on 30.10.2024, however, the candidature of the petitioner was ousted from that list albeit her name was reflected in the first list and she had furnished requisite documents.

5. The petitioner presented her grievance vis-à-vis the aforementioned action of the respondents via mail on 30.10.2024 and 31.10.2024 (Annexure-15 and 16 respectively) however, no heed was paid qua the same. It was also apprised that the chronology of the events categorically depicts that all of the said selection process was initiated and culminated during the festive time of Deepawali, therefore, it was impossible to approach any of the authorities in-person, as public and office holidays were ongoing.

6. It was further contended that albeit the petitioner(s) was/were meritorious candidates, her/their candidature was ousted and respondent nos. 5 and 6 were given preference, which is intrinsically an act of violation of the fundamental rights of the petitioner(s) as enshrined under the provisions of Article 14 and 21 of the Constitution of India. In support of the contentions made insomuch learned counsel for the petitioners have placed reliance upon the interim order passed in S.B. Civil Writ Petition No. 17029/