HC comes to rescue of MBBS candidate denied admission, NMC, University told to pay Rs 4 lakh compensation

Shimla: Taking cognizance of the fact that a meritorious MBBS candidate was denied admission against the vacancy arising as a result of the cancellation of admission of two students who forged their NEET mark sheet, the Himachal Pradesh High Court recently granted relief to the aspirant. 

Issuing direction to ensure that the concerned candidate is given MBBS admission PTJLN Government Medical College in this academic year, the HC bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel further directed NMC and Atal Medical and Research University, Nerchowk, Mandi, to pay Rs 2 lakh each, as compensation to petitioner within four weeks for making the petitioner lose one full academic year.

"In this view of the matter, and in the facts and circumstances of the case, and having regard to the conduct of the petitioner as well as the respondents, we direct that admission in respondent no.6 college be granted to the petitioner in the Academic Year 2023-2024 to the MBBS Course and respondents no.2 & 4 shall increase the number of seats allotted to the said College by one seat for that academic year," ordered the Court.

"The respondents no.2 & 4 shall also pay Rs.2,00,000/- (Rupees Two Lacs) each as compensation to petitioner within 4 weeks for making the petitioner lose one full academic year and making it impossible for this Court to grant relief to the petitioner in the Academic Year 2022-2023. The respondents no.2 & 4 shall also pay costs of Rs.10,000/- each to the petitioner within four weeks," the bench further directed.

Approaching the High Court bench, the petitioner informed the court that two students who were granted admission in PTJLN Government Medical College, Chamba and IGMC Shimla respectively had forged their NEET Mark sheet and consequently admission given to them was cancelled on the ground that the documents submitted by them did not match the available information on the National Medical Counsel Portal.

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These facts were also admitted by the counsel for NMC and Atal Medical and Research University, which had conducted the State counseling for State Medical Colleges in the State of Himachal Pradesh.

Therefore, two MBBS seats became vacant in IGMC Shimla and Pt. JLNGMC, Chamba. Thereafter the University informed NMC that one seat in General category and another seat in EWS category had fallen vacant. The University wrote to NMC on 17.01.2023 and requested the Commission to grant the necessary permission/directions for filling up those two vacant seats.

It was contended by the petitioner that she was next rank holder in the general category and therefore, she should be given the vacant seat in the general category, which became vacant in the PTJLN Government Medical College, Chamba.

After complaining to various authorities, including the Himachal Pradesh Chief Minister, the petitioner filed the plea before the High Court bench on January 28, 2023, and sought permission to be allowed to join the MBBS course which started in December 2022.

Taking note of the events that took place after filing of the case, the HC bench expressed its shock with the fact that in the matter of MBBS admission, for which the Academic Session commenced in November 2022, no reply had been filed by NMC and the University. 

At this outset, the bench observed, "This indicates the totally callous nature and the irresponsible behavior on the part of the respondent no.2, thereby depriving the petitioner of her valuable right to join the MBBS Course and undergo classes."

"Why the respondent no.2 had not immediately responded to letter dt.17.1.2023 of respondent no.4 till 19.6.2023 and not even filed a reply in this Court from 30.1.2023 is not explained by respondent no.2. Unless the respondent no.2 allows the admission of petitioner, respondent no.4 cannot permit respondent no.6 to admit petitioner to the MBBS course," the bench observed while considering the delay on the part of NMC.

However, the bench opined that the University was also to be held responsible and noted, "Had respondent no.4 acted with more alacrity, and informed respondent no.4 in last week of November,2022 or first week of December, 2022, petitioner could have been admitted to the course before 29.12.2022 and would not have lost a valuable benefit."

While considering the case of the petitioner candidate, the bench referred to the Supreme Court order in the case of Asha v Pt. B.D. Sharma University of Health Sciences and Others and S. Krishna Sradha versus State of Andhra Pradesh & Others.

The bench held that the petitioner is undoubtedly meritorious and is immediately next in the merit list of the candidates prepared by the University after the Second Round of Counselling of 2022 and is otherwise entitled to be admitted in the General Category MBBS Seat available in the PTJLN Government Medical College, Chamba, consequent to the cancellation of admission of a student because of forgery.

Further, the bench opined that in the instant case no fault is attributable to the petitioner and that she had pursued her rights and legal remedies expeditiously and without delay.

With this observation, the court granted MBBS admission to the petitioner student in PTJLN Government Medical College, Chamba in the Academic Year 2023-2024, and directed the University and NMC to increase the number of seats allotted to the said college by one seat for that academic year.

However, the bench criticised the role played by NMC and the University. Addressing the University, the bench observed,

"There is also fault on the part of the respondent no.4 University in not disclosing to petitioner and to respondent no.4 before the last date of admission i.e 29.12.2022 that one General Category Seat had fallen vacant on account of an act of forgery ... and that in the consequent vacancy the petitioner can be accommodated and admitted to the MBBS Course."

"Had the respondent No.4 acted immediately and before the last date for admission in conveying this information to the respondent no.2, may be the respondent no.2 would have granted permission to fill up the said vacancy," it further noted.

Addressing NMC, the bench observed,

"Also, we are unable to appreciate why the respondent no.2 took time repeatedly before this Court and ultimately informed about its decision only on 19.06.2023 to the respondent No.4, 5 months later, rejecting permission to admit the petitioner in the MBBS course in respondent no.6 college."

"The unreasonable attitude of the respondent no.2 and respondent no.4 in not allowing the Writ petition to be decided quickly and dragging it on for six months, has resulted in denial of admission to a meritorious candidate like the petitioner," noted the bench.

With this observation, the bench asked NMC and the University to pay Rs 2 lakh each as compensation to the petitioner student within 4 weeks for making her lose one full academic year and for making it impossible for the Court to grant relief to the petitioner in the Academic year 2022-2023.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/himachal-pradesh-hc-214272.pdf

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