A. A. SAYED, JYOTSNA REWAL DUA
Divyaish Singh Chouhan – Appellant
Versus
Divyaish Singh Chouhan – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner seeks a direction to the respondents to redraw the merit for admission to the MBBS course in the mop-up round of counselling held on 25.03.2022 against the seats of H.P. State Quota. In essence, the prayer of the petitioner is for upgradation of his MBBS course seat from Management Quota to H.P. State Quota (Scheduled Cast) category in respondent No.5-Maharishi Markandeshwar Medical College and Hospital, Kumarhatti, District Solan.
2. Following facts are not in dispute :-
2(i) Petitioner appeared in NEET-undergraduate-2021 examination held for the academic session 2021-2022 and secured 407 marks therein. Respondent No.3 issued common/centralized counselling prospectus in December 2021 inviting applications for undergraduate Medical/Dental Courses for admissions based on merit of NEET-UG-2021. The petitioner participated in the counselling. In the State merit-list issued by respondent No.3, he secured 1568th rank.
2(ii) Petitioner remained unsuccessful in the first round of counselling, result of which was declared on 2.2.2022. Provisional seat allotment during second round of counselling was notified on 4.3.2022. Name of the petitioner with 15
Vacancy is created either because of non-allocation of seat or candidate not taking admission on allocated seat.
The central legal point established is that the terms of the Prospectus, including the surrender of occupied PG seats for Mop Up round participation, must be honored for State Quota admissions.
The judgment emphasizes the importance of adhering to the rules and timelines set in the counselling process, the need to avoid disrupting settled admission processes, and the lack of a vested right ....
The allocation of reserved seats must follow institutional policies ensuring compliance with relevant laws, without arbitrary conversion of categories.
The main legal point established in the judgment is the importance of merit and fair procedure in completing admissions to medical courses, and the entitlement of a wrongfully denied student to compe....
No legal right vested in the petitioner for allocation of vacant seat, as admission processes are bound by established counseling protocols, reflecting the principle of no fault leading to no prejudi....
The main legal point established in the judgment is the application of the Hon’ble Supreme Court judgments to determine the correct categorization of candidates in UG Counselling for MBBS / BDS seats....
Candidates selected under the SC category, if eligible for the UR category, should be considered only under the UR category.
Technical glitches in online portals cannot justify leaving seats vacant, and courts can direct special measures to fill such vacancies.
The court upheld the admission process rules, stating that a student who submits a status retention form cannot later challenge subsequent admissions, ensuring fairness in the allocation of seats.
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