“Cannot Be Penalized For No Fault Of His”: SC Directs A Govt. Medical College To Admit Neurosurgery Aspirant Who Was Allotted A College Where Course Did Not Exist

In the present matter, during the counselling, the petitioner was allotted a college, however, in that college the specific course-Neuro Surgery did not exist. Therefore, the petitioner had approached the Court.

Accordingly, a bench of Justice B.R. Gavai, Justice J.B. Pardiwala and Justice Sandeep Mehta observed, “Taking into consideration the above facts, we find that the petitioner cannot be penalized for no fault of his. In the peculiar facts and circumstances and treating the present petition as an exceptional case, the petitioner is directed to be admitted in Government Kilpauk Medical College (M.CH. Neuro Surgery)”.

AOR T. Harish Kumar and ASG Aishwarya Bhati appeared for the petitioner, Senior Advocate Maninder Acharya appeared for the respondents.

Considering the peculiar facts of the matter, the bench had requested the ASG to take instructions whether any vacant seat is available, to accommodate the petitioner on such a seat.

In response, the ASG submitted that though such a seat is available at Government Kilpauk Medical College (M.CH. Neuro Surgery) since the candidate selected for the said seat, did not join the course. However, that since the cut-off date is already over, it will not be possible for the college to admit the petitioner, it was further submitted.

Observing the facts and circumstances in the matter, the bench while directing the State to admit the petitioner further said that it was needless to state that the petitioner would be entitled to refund of all the amounts deposited by him with the colleges.

Appearances:

Petitioner: AOR T. Harish Kumar, Advocates Bharthi Mohan, Navneet Dugar, Subham Kothari, Preethi G

Respondent: ASG Aishwarya Bhati, Advocates Ruchi Kohli, Shagun Thakur, Shreya Jain, Prashant Rawat, Anirudh Sharma, AOR G.S. Makker, Senior Advocate Maninder Acharya, Advocate Kirtiman Singh, Dhawal Mohan, Wazir Ali Noor, AOR Gaurav Sharma

Cause Title: Gaurav R Dhoka v. Union Of India & Ors.