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SANJAY DHAR
Insha Abid – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1) The petitioner has sought a direction upon the respondents to grant admission to her in Post-graduation course in the discipline of Anatomy in Government Medical College, Srinagar, based on her choice and ranking.
2) Briefly stated, case of the petitioner is that in the recently concluded NEET PG examination, she secured 235 marks whereas the private respondents secured less than the marks secured by her in the same examination. It appears that the petitioner was allotted a seat in PG Anatomy in Government Medical College, Jammu, in 3rd round of counselling conducted by Medical Counselling Committee for All India Quota. Thereafter, the petitioner responded to notice bearing No.029-BOPEE/2023 dated 27.09.2023 issued by the J&K Board of Professional Entrance Examination, expressing her willingness to participate in 3rd Mop-up round of counselling against the seats that had remained unfilled during 3rd round of counselling under the State quota. The petitioner is stated to have appeared before the BOPEE officials and given her choice to take up admission in PG Anatomy in GMC, Srinagar, but she was informed by the officials of BOPEE that she cannot be granted admission in P
Court upheld the interpretation of admission guidelines, confirming eligibility of candidates who participated in earlier rounds for subsequent rounds in the counselling process.
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 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 court upheld the legality of the admission policy requiring non-domiciled candidates to meet higher cut-off marks for counselling, affirming that reservation claims were dissolved for such candid....
Candidates not domiciled in Uttar Pradesh must meet higher cut-off marks for Unreserved/Open category to qualify for counselling, regardless of their reservation status in their home state.
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
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