Point of Law: Number of seats for MBBS/BDS Courses in an Institution is fixed and cannot be increased at whims.

JUDGMENT :

Satyen Vaidya, J.

Heard.

2. By way of instant petition, petitioner has prayed for following substantive reliefs:

“i. That petitioner be allowed to continue her classes at Dr. Radha Krishnanan Government Medical College Hamirpur and letter dated 24.12.2022 cancelling her admission (Annexure P8) may kindly be ordered to be quashed and set-aside.

ii. In case if there are no seats available in college of respondent no. 4 then petitioner be allotted/granted a seat in other medical government college such as Dr. Yashwant Parmar Govt. Medical College Nahan Sirmour or Maharishi Markandeshwar Medical College Kumarhatti, District Solan where seats are yet to be filled.”

3. Brief facts necessary for adjudication of the petition are that petitioner appeared in NEET (UG) Exam 2022. She scored 473 marks, out of total 720 marks. Petitioner got herself registered online for UG-MBBS/BDS Course with respondent No. 2. Petitioner did not find place for admission in any of the Medical Colleges in the State of Himachal Pradesh during first and second round of counselling. On 14.12.2022, respondent No. 2 published a list of candidates, who were allotted seats for MBBS/BDS Course in Mop up round. Name of petitioner found mention at serial No. 5 of the list published on 14.12.2022 and she was shown to have been provisionally allotted respondent No. 4-College. Petitioner got herself admitted in respondent No. 4-College on 17.12.2022 and deposited the requisite fee of Rs. 60,000/-.

4. Petitioner, prior to her admission in respondent No. 4-College, was undergoing BSC Nursing Course from Indira Gandhi Medical College, Shimla. Petitioner obtained No Objection Certificate from IGMC, Shimla and commenced her MBBS classes in respondent No. 4-College on 20.12.2022. She attended the classes till 23.12.2022 and on the next day i.e. 24.12.2022, petitioner was informed by respondent No. 4 that her admission stood cancelled vide letter of the same date Annexure P8.

5. Aggrieved against the cancellation of her admission in MBBS Course, vide Annexure P8, petitioner has approached this Court by way of instant petition on the ground that the action of respondents in cancelling her admission in respondent No.4-College is illegal. The respondents have acted in malafide manner. Their impugned action is unreasonable and arbitrary. The respondents have cancelled the admission of petitioner without assigning any reasons. Petitioner had already left her BSC Nursing Course and hence, the respondents were estopped from cancelling her admission.

6. Respondents No. 1 and 4 have filed their joint reply, whereas, respondents No. 2 and 3 have placed on record written instructions. Learned counsel representing respondents No. 2 and 3 submitted that the matter be decided on the basis of written instructions, placed on record, on behalf of respondents No. 2 and 3.

7. Respondents No. 1 and 4 have submitted that the admission to the MBBS/BDS Courses is domain of respondent No. 2-University. Petitioner was admitted by respondent No. 4, when she was recommended for admission after Mop up round by respondent No. 2 and her admission was cancelled also on the asking of respondent No. 2. It is further submitted that the admission of petitioner in respondent No. 4-College was result of a technical flaw. As a matter of fact, respondent No. 4 has 15 seats for SC category students in MBBS Course. By admitting petitioner, the said quota had exceeded. The matter was immediately inquired and the technical flaw in admission process was noticed, which resulted in cancellation of the admission granted to the petitioner.

8. Respondents No. 2 and 3, by way of written instructions, have placed on record the factual position. It has been submitted that a student named Ms. Shivani had been admitted in respondent No.4-College in MBBS Course against SC category in the first round of counselling. She was placed at serial No. 421 with State merit No. 496. Similarly, another student named Ms. Kajal Kumari had se