Back
SUJOY PAUL, DWARKA DHISH BANSAL
SHRUTI d/o BHAGWAN PATIDAR – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
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
The issuance of Notice No. 10 dated 26-9-2023 by respondent No. 4 was in violation of the rules and regulations of the NMC Act, and the communication/order dated 18-10-2023 by respondent No. 2 was ju....
Provisional admissions in medical colleges must adhere strictly to established counseling protocols to safeguard merit in the admission process.
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....
The court upheld that while institutions possess the right to admit students, there is no entitlement to fill all available seats, emphasizing merit-based admissions per regulatory guidelines.
The court emphasized the application of Rule 12 (8) (ka) of the M.P. Medical Education (Admission) Rules, 2018, which governs the inclusion of vacant seats in subsequent rounds of counselling.
Admissions in educational institutions must strictly adhere to centralized counselling processes as mandated by precedents to maintain fairness and transparency in selections.
Meritorious candidates who have pursued their legal right expeditiously without delay and have been denied admission to MBBS Course illegally or irrationally by the authorities for no fault of theirs....
The main legal point established in the judgment is that the admission of students to the MBBS course must adhere to the proper procedure for filling vacant seats as per the judgment of the Apex Cour....
Point of law: Occasion to consider the nature of relief that can be granted to a student after the last date of admissions in case it was found that the said candidate was denied admission illegally.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
