Gujarat HC restores MBBS admission with extra rural service condition
Gujarat High Court
Ahmedabad: Granting relief to an MBBS student, whose admission to the first year MBBS course at Narendra Modi Medical College was not finalised as she failed to confirm the same, the Gujarat High Court directed the Admission Committee for Professional Courses (ACPC) to grant her admission to the said college.
The HC bench passed this order after the student promised to devote six months to rural service in addition to the mandatory one-year rural service after becoming a doctor.
TOI has reported that the High Court bench insisted on the additional rural service for the student due to her negligent behaviour in confirming her admission in the third round.
Medical Dialogues had earlier reported that the concerned student began attending lectures at the medical college after paying the fees, even though she did not submit her provisional admission order at the help centre to confirm her admission.
During the second round of counselling, the petitioner opted for a medical college in Nadiad and later she opted for the Ahmedabad-based Narendra Modi Medical College in the third round. However, she missed the essential requirement to secure her seat.
Due to this, her seat was marked as vacant in the ACPC system. This resulted in the possibility of the student's admission being cancelled and the potential reallocation of the seat to another student.
Following this, the student approached the High Court and argued that her failure to submit the provisional allotment order was a bona fide mistake. She claimed that she was misled into believing her admission was confirmed after the payment of fees.
After a preliminary hearing, the HC bench comprising Justice Nirzar Desai had said that it was a fact that the petitioner student had qualified on merit and she was assigned the seat by ACPC. Therefore, in the interest of justice, the court had directed the respondents to "keep the seat held by the petitioner vacant."
While the student had argued that she did not submit the required documents at the help centre due to wrong advice given by the college staff, ACPC and the college opposed the plea and argued that the student was suffering due to her negligent and careless behaviour.
As per the latest media report by the Times of India, when the student agreed to devote six more months to rural service after completing the MBBS course to make up for her mistake, the HC bench of Justice Nirzar Desai agreed to grant her relief and ordered, "If the rural area of the state is going to get six months' additional service of a qualified medical doctor, by imposing a cost of Rs 5,000, such procedural lacuna which can solely be attributed to the petitioner can be cured according to this court."
The Court directed that her admission be regularized on the condition that she provide an undertaking regarding the additional six-month rural service by the evening. Further, the student was also directed to follow the procedure of submitting her provisional admission order and getting the admission confirmed immediately.
Additionally, the Court imposed Rs 5,000 fine on the student so that she does not commit such a mistake again.
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