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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BENCH
Sheel Nagu, Vishal Mishra, JJ.
Aakash Mehra – Appellant
Versus
State of M.P. and Ors. – Respondents
Writ Petition No. 13632 of 2020
Decided On : 06-01-2021
Admission - M.D. (Microbiology) Course - M.P. Medical Education (Admission) Rules, 2018 - Rule 12 (8) (ka)
Fact of the Case:
The petitioner sought admission in M.D. (Microbiology) Course in G.R. Medical College, Gwalior on the seats left vacant after the Mop Up round and the extended College Level counselling. The petitioner participated in the extended College Level Counselling but was not selected. The petitioner filed a writ petition seeking admission and other reliefs.
Finding of the Court:
The court found that the seat of M.D. (Microbiology) was allotted to another candidate who did not take admission, and as per Rule 12 (8) (ka), the seat could not be included in the subsequent round of counselling. The court also noted that the petitioner approached the court after the cut-off date for admissions and could not be granted relief. The court dismissed the petition.
Issues: 1. Non-inclusion of vacant seats in extended College Level Counselling. 2. Applicability of Rule 12 (8) (ka) of M.P. Medical Education (Admission) Rules, 2018. 3. Timeliness of the petition.
Ratio Decidendi: The court held that as per Rule 12 (8) (ka), the seat of M.D. (Microbiology) could not be included in the subsequent round of counselling. The court also noted that the petitioner approached the court after the cut-off date for admissions and could not be granted relief.
Final Decision: The petition was dismissed as no relief could be extended to the petitioner.
ORDER :
Vishal Mishra, J.
1. The present petition is being filed seeking admission in M.D. (Microbiology) Course in G.R. Medical College, Gwalior on the seats which were left vacant after the Mop Up round and the vacant seats were not included in the extended College Level counselling held on 26.8.2020 to 31.8.2020, despite of the specific direction given by this Court, Bench at Indore passed in W.P. No. 11840/2020. It is argued that the total remaining vacant seats were directed to be included in the extended College Level Counselling which was held between 26.8.2020 to 31.8.2020, but the respondents have not included the aforesaid seats, therefore, the petitioner could not be selected, therefore, the present petition is being filed seeking the following reliefs:
(ii) This Hon'ble Court may kindly be pleased to command to respondents no. 1 and 2 to admit petitioner in M.D. (Microbiology) course in G.R. Medical College, Gwalior on the vacant seat in the academic session 2020-21.
(iii) Any other writ order or direction, which is found just, suitable and proper in favour of the petitioners, may kindly be issued; and;
(iv) Costs be awarded."
2. The brief facts necessary for the disposal of the petition are that the petitioner has passed his M.B.B.S. Examination in the year 1999 and completed his compulsory rotatory internship for 12 months on 15.11.2000. The petitioner is registered with State Medical Council and his registration number is MP3809. The petitioner appeared for Pre P.G. NEET 2020 for selection and admission in the Post Graduate Courses bearing Roll No. 2066065362 and was declared qualified in the examination scoring 279 marks out of 1200. As per the cut off scores for the NEET PG 2020 the petitioner was not eligible for the first and the second round of the counselling. The aforesaid fact is not disputed. On 14.7.2020 the Government of India, Ministry of Health and Family Welfare issued a notice regarding lowering of cut off marks in General Category and the scores were revised for the eligibility upto 275 marks. The notice dated 14.7.2020 is Annexure P/3. On 18.7.2020 the respondent no. 2 issued a list of eligible candidates for the Mop Up Round of State NEET PG (M.D./M.S./Diploma) 2020 counselling. The petitioner's name appeared at S. No. 2237. M.P. State Rank 2380. The petitioner has filled up the choices as reflected in Annexure P/6 on 21.7.2020 and opted for MD (Microbiology) and M.D. (Pharmacology) both in G.R. Medical College, Gwalior. On 4.7.2020 the respondent no. 2 issued a notice for college level counselling against the stray vacancies and on 29.7.2020 the list for eligible candidates for CLC round was issued, wherein only 1590 candidates were shown eligible upto cut off marks 294 and the petitioner was excluded in this list to take part in the College level counselling, despite of the fact that he was eligible in Mop Up round counselling and was also eligible as per the lowering of the score by the Government of India. Admittedly the number of seats including one seat of M.D. (Physiology) in G.R. Medical College, Gwalior remained vacant after college level counselling, but the petitioner was not allowed arbitrarily and illegally. Before the last date of counselling on 30.7.2020, the petitioner made a representation to the respondent no. 2, who is competent authority under Rule 18 of the Admission Rules, 2018 and requested to permit him to take part in College level counselling, but of no consequence. The petitioner was not allowed to take part in the counselling. The Hon'ble Supreme Court in the case of had issued directions extending the date of counselling from 31.7.2020 to 31.8.2020 and in compliance of the order passed by the Hon'ble Supreme Court, the Medical Council of India also issued the public notice 30.7.2020 and 31.7.2020 notifying the pre PG NEET 2020 counselling date extended up to 31.8.2020. Copies of the order of the Hon
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