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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
H.S. THANGKHIEW
Shireen L. Dkhar – Appellant
Versus
State of Meghalaya – Respondent
| Table of Content |
|---|
| 1. admission process and unilateral withdrawal of nomination. (Para 1 , 2) |
| 2. arguments regarding entitlement and merit. (Para 3 , 4 , 5) |
| 3. lack of procedure and policy in admission. (Para 6 , 7) |
| 4. principle of exceptional circumstances for relieving candidates. (Para 9 , 10 , 11) |
| 5. order for future admissions and disposition of writ petition. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
H.S. THANGKHIEW, J.
1. The brief facts surrounding the case are that the petitioner had applied for Master of Dental Surgery (MDS) (PG) Course against a seat allotted for the State of Meghalaya at the Regional Dental College, Guwahati for the academic year 2024-2025 along with six other candidates. As per the said list, the petitioner having obtained the highest NEET score was nominated to the said vacancy and after complying with all the necessary formalities, was admitted to the said Post Graduate Course for the academic year 2024-25 on 22-07-2024 and the classes had then commenced, immediately thereafter.
2. The grievance of the writ petitioner is that the State respondents, vide an order dated 19-08-2024, unilaterally withdrew her nomination for the MDS PG Course against the seat allotted to
A candidate’s vested right to admission once granted cannot be arbitrarily revoked without due process; the State must establish a transparent selection method.
The main legal point established in the judgment is that the merit of the petitioner should have been the sole criteria for filling up the 4 reverted seats from the All India Quota, as per the Regula....
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
The Court reaffirmed that once admissions are made under specific rules, changes mid-session violate established procedural norms.
The court upheld the principle of merit-cum-choice in admissions, confirming that procedural fairness is essential when rectifying errors in provisional seat allotment results.
Higher merit cannot override established horizontal reservation rules; allotment must strictly adhere to statutory frameworks.
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.
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