Admissions to medical colleges must be based on merit and conducted through authorized counseling, and any admission contrary to the mandatory provisions cannot be approved.

ORAL ORDER SUJOY PAUL, J. : – In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed that a writ of mandamus be issued to the respondent No. 3 to issue the enrollment number to the petitioner for first professional examination of MBBS Course (Academic Session 2019-20) and to permit her to appear in the examination as a special candidate. It is further payed that the respondents be directed to compensate the petitioner for the loss suffered by her of two golden years of her life because of the omission and commission of the respondents. Lastly, it is prayed that a mandamus be issued to the respondents to treat her with the regular batch of 2019-20 with other candidates who have appeared in the first professional examination of MBBS. Petitioner’s contentions : –

2. In nutshell, the case of the petitioner is that she appeared in NEET (UG) 2019 examination and scored 362 marks. She was allotted a seat of MBBS course in the Amaltas Institute of Medical Science, Dewas (MP) (a private medical college). The petitioner belongs to OBC category. The score card of NEET examination is filed as Annexure P/1 and admission receipt dated 16-8-2019 is filed as Annexure P/2.

3. Online counseling choice of petitioner for second round of counseling, 2019 is filed as Annexure P-3. The petitioner belongs to reserved category i.e. OBC category and therefore, she was allotted the seat in Amaltas Institute of Medical Science. The seat was allotted to her which was lying vacant because of non-joining of a Scheduled Tribe category candidate Ms. Shristi Thakur. The petitioner’s contention is that petitioner ultimately occupied a reserved category seat and did not encroach any other category.

4. Shri Aditya Sanghi, learned counsel for the petitioner submits that after the said admission in the Amaltas College, the petitioner scored 70 marks out of total 118 marks in First Batch of MBBS 2019-2020. The result showing the same is filed as Annexure P/6. It is urged that petitioner has completed all the formalities and she is regularly attending the classes in respondent No. 4/College. This is nobody’s case that petitioner was not eligible to appear in the first professional examination conducted by respondent No. 3. Although, petitioner burnt her midnight oil and succeeded in the examination in flying colours, she could not reap the benefits because enrollment number was not issued to her in the aforesaid examination. The petitioner was shocked and surprised to know the same and expected that her grievance will be redressed at the level of the respondents. Since, enrollment number was ultimately not issued, she filed the present petition seeking the aforesaid relief.

5. Learned counsel for the petitioner further submits that petitioner deposited all the requisite amount of fees on 3-10-2019 and 8-11-2019 by Annexure P/4 and P/5, respectively. She appeared in second internal professional examination and out of total 135 students those 20 students who cleared the examination included the name of present petitioner.

6. For the purpose of taking admission, the petitioner filed an affidavit dated 16-8-2019 (Annexure P/8) and on the strength of the same, she was permitted to occupy a seat in the College. On 5-2-2021, an e-mail application for grant of enrollment number was sent. The Supreme Court by interim order dated 3-2-2021 permitted initiation of process for filling up seven unfilled seats of first year MBBS Course in the mop-up round for the year 2020-2021 through college level counseling within seven days. The respondent No. 4/College sent a letter dated 4-2-2021 to allow the petitioner to appear in the examination by issuing enrollment number in her favour, but this letter went in vain.

7. On the basis of aforesaid factual backdrop, the learned counsel for petitioner submits that the college rightly conducted the college level counselling before the cut-off date in the year 2019. No other student was present at that