The court is of the opinion that this confusion could have been averted if there were proper checks in place at different levels of counselling. The checks ought to have been installed at the time of registration and prior to allotment in the first round. The present petition and all pending applications are disposed of. This order is passed in the peculiar facts of this case and shall not be treated as a precedent. The Hon’ble High Court at Delhi in Dr Machat Balakrishnan Menon V. Medical Council Committee & Ors. [W.P. (C) 4755/2020], issued guidelines for admission in the Medical PG exam, in the wake of a petition filed by an aggrieved student who sought admission in college despite filling under the wrong quota.
The facts relating to this case is: Court rejected the petitioner’s plea but also stated that the situation could have been avoided had there been proper checks in place at different levels of counselling. The Petitioner who is a doctor from Kerala University of Health studies filed a petition to preserve his admission at the Maulana Azad Medical College (MAMC). He holds an EWS certificate and appeared for the NEET exam in January under All India Quota, Central Inst. Quota and the Delhi University (DU) Quota. He was allotted a college in the first round but did not take admission to the college. Again in the second round, he did not get any allotment but in the mop-up round, he was allotted MD in MAMC. He took admission but later admission was cancelled because he wrongfully submitted to DU quota. Despite appealing to authorities he did not receive any action and thus approached the court.
The Hon’ble Court ruled that “The Court while being empathetic with the position in which the Petitioner currently finds himself, however, cannot direct confirmation of his admission in MAMC under the Delhi University Quota. Accordingly, the relief sought for, for confirming the Petitioner’s admission in MD (Pathology) in MAMC cannot be granted”. The Court further directed the state of Kerala to allot any unfilled seat to the Petitioner in a post-graduate medical course owing to the predicament of the petitioner and also the fact that the deadline of the counselling of the same was postponed.
The Court thus issued the following guidelines to avoid a situation that has arisen in this present case
- At the time of registration for counselling, there shall be a specific field in which candidates would be required to fill up with details of the college and the University from where they have completed their M.B.B.S. course.
- Upon the said field being incorporated, the system should be designed in such a manner that only those quotas for which the candidates are eligible would be made available to the candidates. For example, if the candidate has completed the M.B.B.S. course from Kerala and the name of the college is filed up along with the name of the University, the Delhi University quota should not be made available to such a candidate. This would ensure that the complexity created due to the presence of various quotas in counselling is eliminated. This would also ensure that candidates are not put through gruelling circumstances in the course of the counselling, which takes place over a period of three to four months every year
- After registration, prior to the allotment of seats, the data submitted by candidates shall be cross-verified with the data available with MCC so those wrong allotments are not made.